Identity of the contracting parties
On the one hand, the CLIENT, a user registered on the website by means of a CLIENT name 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 .
And on the other, the PROVIDER of the goods or services contracted by the CLIENT is Jesus Maria Herrera González, with registered office at C / Obispo Marquina N ° 1, 35330 Teror, Las Palmas de Gran Canaria, provided with CIF / NIF 45773243T, and with customer service telephone 644249697.
This contractual document will govern the contracting of products and services through the website https://casadelperfumecanario.com/, owned by Jesus Maria Herrera González, hereinafter, the PROVIDER.
Acceptance of this document implies that the CLIENT:
- Has read, understands and understands what is stated here.
- He is a person with sufficient capacity to contract or make purchases.
- Assumes all 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 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 acquired prior to the modification. .
Purpose of the contractpurpose of
Thethis contract is to regulate the contractual relationship of purchase and sale born between the PROVIDER and the CLIENT at the moment in which the latter accepts, during the online contracting process, the corresponding box.
The contractual relationship of sale involves the delivery, in exchange for a certain price and publicly exposed through the website, of the product or service offered.
The CLIENT will select a CLIENT name and password, agreeing to make diligent use of them and not make them available to third parties, as well as to notify the PROVIDER of the loss or theft of them or of possible access by an unauthorized third party. , so that it proceeds to immediate blocking.
Once the CLIENT account has been created, it is reported that in accordance with the requirements of article 27 of Law 34/2002, on Services of the Information Society and Electronic Commerce (LSSICE), the contracting procedure will follow the following steps:
- General contracting clauses.
- Shipment of Orders
- Right of Withdrawal
- General of the offer
- Price and period of validity of the offer
- costs Payment method, expenses and discounts
- Purchase process
- guarantees Guarantees and returns
- Applicable law and jurisdiction.
1. GENERAL CONTRACTING CLAUSES
Unless specifically provided in writing, placing an order with the PROVIDER will imply acceptance by the CLIENT of these legal conditions. No provision made by the CLIENT 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 will not send any order until it has verified that the payment has been received.
Shipments of goods will usually be made by express courier, according to the destination freely designated by the CLIENT.
The delivery dates or deadlines will be understood as approximate, and the delay does not constitute essential non-compliance. In the event that the PROVIDER has not made the delivery of the merchandise after 30 days from the agreed delivery date, the CLIENT will be entitled to cancel the order and receive a refund of the total amount paid at no cost, and without thereby derive no responsibility for damages attributable to the PROVIDER.
The delivery time is usually between 2 and 5 working days, depending on the destination population and the chosen form of payment. 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, as the data provided by the CLIENT is false, inaccurate or incomplete.
The delivery will be considered made at the time the carrier has made the products available to the CLIENT and the latter, or his delegate, has signed the delivery receipt document.
The CUSTOMER is responsible for verifying the products upon receipt and presenting all the qualifications and claims that may be justified in the delivery receipt document.
In the event that the contracting does not entail the physical delivery of any product, being these directly downloaded from the website, the PROVIDER will previously inform the CLIENT regarding the procedure that must be followed to carry out this download.
3. RIGHT OF WITHDRAWAL
The CLIENT has the same rights and deadlines to proceed with the return and / or claim the possible vices or defects that the product or service presents, both online and offline. The CLIENT has a period of fourteen calendar days (14), 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 assumed by the CLIENT. 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 original or if it is not in perfect condition The original packaging must protect the product so that it is received in perfect condition, and the use of seals and adhesive tapes applied directly to it is prohibited.
- When the product is open without being able to demonstrate that it has not been
- In the software applications that are directly downloaded through the
- When they are personalized products or those, that for reasons of hygiene or other exceptions legally provided, are not subject to this
All returns must be communicated to the PROVIDER, requesting a return number (RMA) using the RMA form enabled for it, or by email to firstname.lastname@example.org, indicating the invoice or order number.
Once the CLIENT has received the RMA number, he will send the product to the PROVIDER, indicating this number in the shipping letter, with the transport costs at his expense, at the address of C / Obispo Marquina N ° 1, 35330 Teror , The Gran Canarian palms.
Any claim that the CLIENT considers appropriate will be attended to as soon as possible, and can be made at the following contact addresses:
Postal: C / Obispo Marquina N ° 1, 35330 Teror, Las Palmas de Gran Canaria
4.1. Online Dispute Resolution
In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for online conflict resolution between the CLIENT and the PROVIDER, without resorting to the courts, through the intervention of a third party, called the Dispute Resolution Agency, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties to reach an agreement, being able to 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 be held liable for any fault due to a major cause. Compliance with the obligation will be delayed until the cessation of the case of force majeure.
The CLIENT 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 be modified in any way. The CLIENT declares to have read, know and accept the present General Conditions in all their extension.
7. OVERVIEW OF THE OFFER
All sales and deliveries made by the PROVIDER will be understood as subject to these General Conditions.
No modification, alteration or agreement contrary to the Commercial Proposal of LA CASA DEL PERFUME CANARIO or here stipulated shall take effect, unless expressly agreed in writing signed by the PROVIDER; in these cases, the 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 its advertising, until it affects the value of the products offered. These modifications will also be valid in the event that, for any reason, the possibility of supplying the products offered is affected.
8. PRICE AND VALIDITY OF THE OFFER
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.
The prices applicable to each product are those published on the website and will be expressed in the EURO currency (€). The CLIENT 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: items, quantities, price, availability, transport costs, charges, discounts, taxes and the total purchase. Prices can change daily while the order is not made.
Once the order is placed, prices will be maintained whether there is product availability or if there is not.
Any payment made to the PROVIDER entails the issuance of an invoice in the name of the registered CLIENT or the company name that he has informed at the time of placing the order. This invoice will be sent together with the product purchased to the email address provided by the CLIENT.
For any information on the order, the CLIENT may contact the PROVIDER’s customer service telephone number, 644249697, or via email at the address email@example.com
9. TRANSPORTATION EXPENSES
Prices do not include shipping or communication, installation, or complementary services, unless expressly agreed otherwise in writing. The freight 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.
10. METHODS OF PAYMENT, CHARGES AND DISCOUNTS
The PROVIDER allows the following ways to make the payment of an order:
- Bank transferCash.
- Credit card.
11. PURCHASE PROCESS
11.1. Basket (budget simulation)
Any product from our catalog can be added to the basket. In it, only the articles, the quantity, the price and the total amount will be observed. Once the basket is saved, the 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 a budget can be simulated without any commitment on both sides.
From the basket you can place an order following the following steps for its correct formalization:
- – Checking the billing information.
- – Checking the shipping address.
- – Selection of the way to
- – Place the order (buy).
Once the order is processed, the system instantly sends an email to the PROVIDER’s management department.
11.2. 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 the products offered through the website are completely original, unless otherwise indicated in its description. All products have a guarantee period of two years, in accordance with 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 customers 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, 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 as long as they fulfill 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 LA CASA DEL PERFUME CANARIO
- B) Are suitable for the uses to which products of the same type are ordinarily intended.
- C) They are suitable for any special use required by the client when they have made it known to LA CASA DEL PERFUME CANARIO at the time of the conclusion of the contract, provided that the latter 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 of the product and, where appropriate, the descriptions of the specific characteristics of the products made by LA CASA DEL PERFUME CANARIO SL.
- E) LA CASA DEL PERFUME CANARIO 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.
- The lack of conformity that results 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 sale contract and has been carried out by LA CASA DEL PERFUME CANARIO or under its responsibility, or by the CUSTOMER when the faulty installation is due to an error in the installation instructions.
- The responsibility for non-conformity that the CLIENT knows or could not have ignored at the time of the conclusion of the contract or that originate from materials supplied by the
II) will not proceed.
LA CASA DEL PERFUME CANARIO will respond to the CLIENT for any lack of conformity that exists at the time of product delivery. LA CASA DEL PERFUME CANARIO recognizes the CLIENT the right to repair the product, to replace it, to lower the price and to terminate the contract.
III) Repair and replacement of products
- If the product does not comply with the contract, the CUSTOMER may choose to demand its repair or replacement, unless one of these options is impossible or disproportionate. From the moment the CLIENT communicates to LA CASA DEL PERFUME CANARIO the option chosen, both parties must This decision of the CLIENT is understood without prejudice to the provisions of article 120.d) of RDL 1/2007 for the cases in which repair or replacement fails to bring the product into compliance with the contract.
- Any form of sanitation that imposes on LA CASA DEL PERFUME CANARIO 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 will be considered disproportionate of the lack of conformity and if the alternative form of sanitation could be carried out without major inconveniences for
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
This free will include the necessary expenses made to correct the lack of conformity of the products with the contract, especially the shipping costs, as well as the costs related to the hand of work and materials.
- They will be carried out in a reasonable time and without major inconveniences for the CLIENT, taking into account the nature of the products and the purpose they had for the
- repair. The suspension suspends the calculation of the periods referred to in article 123 of RDL 1 / 2007. The suspension period will start from when the CLIENT makes the product available to LA CASA DEL PERFUME CANARIO and will conclude with the delivery to the CLIENT of the product already. During the six months after delivery of the repaired product, LA CASA DEL PERFUME CANARIO will respond of the lack of conformity that motivated 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.
- The substitution suspends the terms referred to in the aforementioned article, from the exercise of the option to the delivery of the new one. In any case, article 123.1, second paragraph, will apply to the substitute product.
- If the repair is completed and the product is delivered, it continues to be non-compliant with the contract, the CLIENT may demand its replacement, within the limits established in article 120 of the aforementioned legal text.
- If the substitution fails to bring the product into conformity with the contract, the CLIENT may demand its repair, within the limits established in article 120 of the aforementioned legal text, or the price reduction or the termination of the contract in the terms of the 121 and 122.
- The CLIENT may not require the substitution in the case of non-expendable products, nor in the case of second products.
V) Price reduction and termination of the contract
The price reduction and the termination of the contract will proceed, at the CLIENT’s choice, when the CLIENT cannot demand the repair or replacement of the product and in the cases in which these have not been carried out within a reasonable time or without major inconveniences for the CLIENT. The resolution will not proceed when the lack of conformity is of little 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 had it been in accordance with the contract and the value that the product actually delivered had at the time of delivery.
- LA CASA DEL PERFUME CANARIO is liable for any lack of conformity that appears within a period of two years from the In second-hand products, LA CASA DEL PERFUME CANARIO and the CLIENT may agree on a shorter term, which may not be less one year from delivery.
Unless proven otherwise, it will be presumed that the lack of conformity manifested in the six months 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, the 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 were
- The action to claim compliance with the provisions of the preceding articles prescribes after three years from the delivery of the
- CLIENT must inform LA CASA DEL PERFUME CANARIO of the lack of conformity within two months from the date of
proof of the contrary, it will be understood that the communication of the CLIENT has taken place within the established period .
VIII) Action against the producer
When the CUSTOMER finds it impossible or involves an excessive burden to contact LA CASA DEL PERFUME CANARIO for lack of conformity of the products with the sales contract, he may directly claim the producer in order to obtain the replacement or repair of the product.
In general, and without prejudice to the producer’s responsibility ceasing, in the same terms and conditions as those established for LA CASA DEL PERFUME CANARIO, the producer will respond for the lack of conformity when it refers to the origin, identity or suitability of products, according to their nature and purpose and with the rules that regulate them.
Producer means the manufacturer of a product or its importer in the territory of the European Union or any person who presents himself as such by indicating his name, brand or other distinctive sign on the product.
Whoever has responded to the Consumer and CLIENT will have a period of one year to repeat in front of the person 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 legislation in what is not expressly established. The PROVIDER and the CLIENT agree to submit any controversy that may arise regarding the provision of the products or services object of these Conditions, to the courts and tribunals of the CLIENT’s domicile.
In the event that the CLIENT is domiciled outside of Spain, the PROVIDER and the CLIENT expressly waive any other jurisdiction, submitting to the Courts and Tribunals of the city of Las Palmas de Gran Canaria.