This contractual document shall govern the procurement of products and services through the website, www.artesaniamorales.com, belonging to ARTESANIA MORALES SLU, hereinafter referred to as the PROVIDER.
The acceptance of this document implies that the USER:
- Is a person of legal age who has the capacity to make and enter into agreements.
- Has read, understood and comprehended the information contained in the document.
- Assumes all the obligations set out herein.
These “General Conditions” (hereinafter, the “General Conditions”), govern the legal relationship that arises from procurement processes undertaken between the PROVIDER and users of the website, as established in the legal services section of the website www.artesaníamorales.com. Customers accept the “General Conditions” as from the moment they use, purchase or engage a product or service.
Furthermore, they shall be valid for an indefinite term and applicable to all contracts formalised through the website of the PROVIDER.
The PROVIDER hereby notifies that the business is responsible for and has knowledge of the legislation in force in the countries to which it sends products and it reserves the right to unilaterally amend the conditions without affecting the goods or offers purchased or undertaken before said amendment.
Amendment of the “General Conditions”
The “General Conditions” on the website, www.artesaniamorales.com, may be amended to improve the services and products offered on it and users will be given timely notification of said amendment. By amending the “General Conditions” on our website, it shall be understood that the duty to notify has been fulfilled.
Identity of contracting parties
Party one: the provider of the goods and services engaged by the USER is ARTESANIA MORALES SLU, with registered office at PLAZA DEL CONDE, 3 – TOLEDO 45002 (TOLEDO), holder of TAX CODE B45535259 and customer service email address firstname.lastname@example.org.
Party two: the USER, registered on the website by means of a username and password, assuming full responsibility regarding their use and protection, is responsible for the veracity of the personal date given to the PROVIDER.
Purpose of the contract
The purpose of this agreement is to regulate the contractual relationship of sale arising between the PROVIDER and the USER as from the moment the latter gives its acceptance, during the online procurement process, through the corresponding tick box.
The contractual relationship of sale entails the delivery, in exchange for a specified price and publicly offered through the website, of a specific product or service.
The USER is to choose a username and password. The USER commits to using them as appropriate and to refrain from sharing them with third parties, as well as to notify the PROVIDER of their loss or theft, or any possible unauthorised access by third parties, which shall result in the account being immediately blocked.
Once a user account has been created, the USER is informed that, pursuant to the provisions in Article 27 of Law 34/2002 of Information Society and e-commerce services (LSSICE), the procurement process shall be as follows:
- General procurement clauses.
- Order dispatching.
- Right of withdrawal.
- Force majeure.
- General offer details.
- Offer price and period of validity.
- Intellectual property.
- Delivery costs.
- Payment method, expenses and discounts.
- Purchase process.
- Applicable guarantees.
- Returns and exchanges.
- Applicable law and jurisdiction.
1. GENERAL PROCUREMENT CLAUSES
Unless otherwise stated in writing, the undertaking of an order by the PROVIDER shall entail acceptance by the USER of these legal conditions. No stipulations made by the USER shall differ from those of the PROVIDER without the explicit, prior written acceptance of the latter.
2. ORDER DISPATCHING
The PROVIDER shall not send any order until it has confirmed that the corresponding payment has been made. Goods are usually sent by express courier, depending on the destination chosen by the USER. The website, www.artesaniamorales.com, reserves the right to change the kind of delivery service and company used, regardless of the provisions established in these clauses and provided that it entails no explicit hinderance for the customer.
The delivery costs are calculated according to weight, volume, destination and value of the product(s), together with the sum of comprehensive goods insurance.
The delivery timeframe usually depends on the destination and payment method used:
- PENINSULA: 24/48 HOURS
- OTHER: 10 TO 15 WORKING DAYS
Delivery dates and timeframes shall be understood as estimates and any delay shall not be considered a fundamental breach.
This timeframe shall commence once the availability of the goods and the full payment of the order have been confirmed.
The PROVIDER shall not assume any responsibility whatsoever when the product or service could not be delivered due to the USER giving false, inaccurate or incomplete details.
Delivery shall be considered complete once the courier has given the products to the USER and the USER, or an authorised person, has signed an acknowledgement of receipt.
The expenses arising from Customs and Excise procedures in relation to taxes on goods in the corresponding country shall always be borne by the addressee (USER), including where the goods are returned to the PROVIDER by the corresponding Customs and Excise agency.
No refund shall be given in the event that the order is not collected.
The USER is responsible for checking the products on receipt and stating any justifiable reservations or complaints on the documentation of receipt within 48 hours. Once 48 hours have elapsed, it shall be understood that the delivery has been accepted and no complaints regarding any defect shall be accepted.
In the event of receiving a product that has suffered in-transit damage, contacting the company within 48 hours is recommended in order to make a claim on the insurance policy of the delivery company. Making the delivery company aware of it on collecting the package is recommended.
3. RIGHT OF WITHDRAWAL
The USER has the same rights and timeframes for returning and/or making complaints regarding product or service faults or defects.
The USER has a timeframe of fourteen (14) calendar days, commencing on the date of receipt of the product, in which to return the product (Article 71 of Law 3/2014 of 27 March).
Unless the return relates to defects on the product, the delivery, Customs and Excise costs, etc., shall be borne by the USER. The product shall be returned in its original packaging and in perfect condition.
The right of withdrawal shall not apply in the following cases:
1. If the product is not in perfection condition.
2. If the product is not in its original packaging or the packaging is not in perfect condition. The original packaging shall protect the product so that it is received in perfect condition. The direct use of seals and adhesive tape on the product/packaging is strictly forbidden.
3. When the product has been opened and it cannot be proven that the product has not been used.
4. When they are personalised products or products that, for reasons of hygiene or other exceptions provided for by law, are not covered by such right.
To exercise the right of withdrawal, the USER must send written notification to ARTESANIA MORALES SLU, PLAZA DEL CONDE, 3 – TOLEDO 45002 (TOLEDO) or email@example.com, explaining in a clear statement (e.g., a letter sent by post, fax or email) the reason for deciding to withdraw from the contract. The withdrawal form may be used, although it is not compulsory.
To meet the withdrawal timeframe, said notification regarding the intention to exercise said right has to be sent before the corresponding period finalises.
Following the withdrawal notification
In the case of withdrawal by the customer, we will refund all the payments received, including the delivery costs (with the exception any additional cost relating to the client’s choice of delivery when different to the ordinary more cost-effective option we offer) without undue delay and, in any case, within 14 calendar days after the date on which the customer informs us of their decision to withdraw from the contract. We will refund all the payments using the same payment method used by the customer for the initial transaction, unless the client expressly states otherwise. In any case, the customer will not incur any cost as a result of said refund.
We may withhold the refund until the goods have been received or until the customer has sent us evidence of their return, whichever comes first.
We will accept the return of the product once ARTESANIA MORALES SLU has received the goods and the customer service department has checked that the aforementioned conditions have been met. Monetary reimbursements of the sum will not be made. Reimbursements will be made by means of a voucher of the same value, which can be used for any of our products within 6 months.
Any complaint the USER wishes to make will be addressed as soon as possible. Complaints can be sent to either of the following:
Post: ARTESANIA MORALES SLU, PLAZA DEL CONDE, 3 – TOLEDO 45002 (TOLEDO)
Online Dispute Resolution (ODR)
Pursuant to Article 14(1) of Regulation (EU) 524/2013, the European Commission provides a free online platform on which to resolve disputes between users and providers, without having to resort to the courts and tribunals, through the intervention of a third party, the Arbitration Body, that acts as a mediator between them. This body is neutral and will speak to both parties in order to reach an agreement, finally suggesting and/or imposing a solution to the dispute.
ODR platform link: http://ec.europa.eu/consumers/odr/
5. FORCE MAJEURE
The parties shall not be liable for any non-compliance corresponding to force majeure. Compliance shall be delayed until the force majeure ceases.
The USER shall not assign, transfer or share the rights, responsibilities or obligations obtained or assumed in the sale. Should any stipulation in these conditions be considered null and void or impossible to fulfil, the validity, legality and compliance of all other stipulations shall not be affected or amended in any way.
The USER declares to have read, understood and accepted these “General Conditions” in their entirety.
7. GENERAL OFFER DETAILS
All the sales and deliveries undertaken by the PROVIDER shall be subject to these “General Conditions”.
No amendment, alteration or agreement contrary to the business offering of ARTESANIA MORALES SLU or to the stipulations herein shall have effect unless expressly stated in a written document signed by the PROVIDER. In the latter case, such particular agreements shall prevail.
Due to ongoing technical advances and product improvements, the PROVIDER reserves the right to change its specifications regarding the information provided in its advertising, insofar as the value of the products offered is not affected. As such, these changes shall be valid where, for any reason, the possibility of supplying the products offered is affected.
8. INTELLECTUAL PROPERTY
The contents supplied through www.artesaniamorales.com are subject to intellectual and industrial property rights and they exclusively belong to ARTESANIA MORALES SLU or the natural or legal persons corresponding thereto.
Through the purchase or engagement of a product or service, www.artesaniamorales.com does not grant the USER any right whatsoever to alter, use, copy, distribute or publicly communicate said product or service, and it reserves all corresponding rights. The transfer of such rights shall require the prior written consent by www.artesaniamorales.com.
The USER shall not make said contents available to third parties.
In addition to the content on www.artesaniamorales.com, the intellectual property right also covers its graphics, logos, designs, images and source code used in its programming.
9. OFFER PRICE AND PERIOD OF VALIDITY
The price stated for each product includes value added tax (VAT) and other taxes, where applicable. These prices, unless expressly stated otherwise, do not include costs relating to postage, handling, packaging, insurance or any other additional or ancillary service to the product purchased or service engaged.
The price for each product is published on the website and expressed in euros. The USER accepts that the financial value of some products may vary over time.
Before making a purchase, customers can check all the estimate details online, including: items, amounts, price, availability, transport costs, charges, discounts, taxes and the total sum. Prices may change on a daily basis.
Once the order has been made, the corresponding price shall be honoured, regardless of whether or not the product is in stock.
Receipts shall be issued in the name of the registered USER or the registered office provided when making the order for all payments made to the PROVIDER. Receipts shall be sent with the product purchased and to the email address provided by the USER in PDF format.
For any information on the order, the USER may contact us by means of the following email address: firstname.lastname@example.org.
10. DELIVERY COSTS
Prices do not include postage costs. Postage costs shall be calculated on saving the basket or estimate, as they are based on the weight/cubic capacity of the products and on the delivery address.
Change of the delivery address by the USER after the order has been sent to the courier, shall entail an additional delivery cost that shall be borne by the USER.
11. PAYMENT METHODS, CHARGES AND DISCOUNTS
The PROVIDER offers the following methods through which to pay for the order:
- Credit card
On choosing to pay with a credit card, we provide a 100% secure payment guarantee. All transactions that entail the transfer of personal or bank data will be carried out through a secure environment. All the information provided is encoded and sent through the internet. Credit card details are not registered on any database. They are sent directly to the POS (Point of Sale) terminal of our banking entity. In order to provide the credit card user with a greater level of security, we have incorporated into our payment gateway the SEC (secure electronic commerce) system: it is a system, developed by Visa International, Mastercard, Microsoft and Nestcape, among others, that guarantees internet transactions. The main aim is to give greater security to users and businesses that trade online as it authenticates the buyer as being the lawful owner of the card used. When paying with Visa and Mastercard, the following details will always be requested: the card number, the expiry date and the validation code, which coincides with the last 3 digits in italics on the back of the credit card, providing this method with more transaction security guarantees. In practice, on paying with a “secured” Visa or Mastercard, customers will be asked for a personal password to be used exclusively for online purchases, which unequivocally identifies the buyer as the cardholder. As such, no one can make a purchase online without knowing the password. Customers can see if the secure electronic commerce protocol is activated by means of the logos “Verified by Visa” and “Mastercard Secure Code”. If customers have not received a personal password exclusively for use on online purchases, we advise them to ask their banking entity to link their cards to the secure electronic commerce service. Credit card fraud is a crime and ARTESANIA MORALES SLU, will initiate any corresponding legal proceedings against any party that undertakes a fraudulent transaction on our online store.
On choosing the bank transfer payment method, the customer will receive, along with the order details, an email containing the account number, in the name of ARTESANIA MORALES SLU, to which the transfer is to be made. Payment through this method may entail that the product is sent a few days later than normal. Putting the order number and the first name and surname of the customer in the subject section is important. Customers have 5 days as from the day on which the order was made to validate and make the transfer. If the payment is not made after said timeframe, the order will be automatically cancelled. The order will not be considered to have been made until the receipt of the transfer has been sent by email to email@example.com and our bank has effectively verified receipt. Customers are reminded that payments must be made in euros.
ARTESANIA MORALES SLU will not at any time store details of user bank cards or accounts on its servers.
12. PURCHASE PROCESS
Basket (estimate calculation)
Any product from our catalogue can be added to the basket. In the basket, only the items, quantity, price and total sum can be seen. Once the basket has been saved, the applicable taxes, charges and postage costs will be calculated.
The basket is not linked to any administrative process. It is merely a section in which estimates are calculated without any commitment of either party.
In the basket, an order can be correctly placed through the following steps:
1. – Verification of the invoice information.
2. – Verification of the delivery address.
3. – Selection of payment method.
4. – Finalise the order (payment).
Once the order has been processed, the system instantly sends an email to the management department of the PROVIDER.
Orders (purchase applications)
An email will be sent, within a maximum period of 24 hours, confirming the order status and delivery date.
In the event that the products are out of stock, ARTESANIA MORALES SLU commits to advising the customer as soon as possible and to letting them know how long the product replenishment is expected to take.
Should the customer prefer, they may cancel the order and receive a refund.
13. APPLICABLE GUARANTEES
All the products on the website are originals, unless otherwise stated in the description. Failure to comply with the special care procedures established on www.artesaniamorales.com, shall automatically invalidate the guarantee. Any defects or imperfections caused by the incorrect use or handling of the products or wear and tear caused any use other than that for which they were made, are not included in the guarantee.
All products have a two-year guarantee period for manufacturing defects in accordance with the criteria and conditions established under Royal Legislative Decree 1/2007 of 16 November, approving the recast text of the General Law Protection of Consumers and Users and other additional laws.
14. RETURNS AND EXCHANGES
The customers of ARTESANIA MORALES SLU have access to an after-sale service that helps them to resolve any kind purchase or delivery problem. Through this, we aim to offer our customers a quick and efficient service.
The product guarantee corresponds to the following articles based on Law 23/2003 of 10 July regarding guarantees on the sale of consumer goods:
I) Product and contract conformity
1. Unless proven otherwise, it shall be understood that the products are as stated in the contract, provided that they comply with the requirements set out below, with the exception of any that may not be applicable due to particular circumstances:
a) They comply with the description given by ARTESANIA MORALES SLU.
b) They are fit for the purposes for which goods of the same type are normally used.
c) They are suitable for any special use required by the consumer when ARTESANIA MORALES SLU was notified of such requirement on formalising the contract, provided that the latter acknowledged such suitability.
d) They have the quality and performance which are normal in goods of the same type and which the consumer can reasonably expect, given the nature of the goods and taking into account any public statement made by ARTESANIA MORALES SLU on the specific characteristics of the goods.
e) ARTESANIA MORALES SLU describes the details and technical characteristics and provides photographs of the products provided by the manufacture. As such, it is under no obligation as regards public statements.
2. Any lack of conformity resulting from incorrect installation of the product shall be deemed to be equivalent to lack of conformity.
3. Liability shall not be attributed for any lack of conformity that the USER knew about, could not ignore at the time of formalising the contract or that arose due to materials provided by the USER.
15. APPLICABLE LAW AND JURISDICTION
These conditions shall govern and be interpreted pursuant to Spanish legislation where not expressly provided for herein. The PROVIDER and USER agree to refer any dispute that may arise from the provision of the products or services under these conditions to the courts and tribunals corresponding the USER’S address.
In the event that the user resides outside of Spain, the PROVIDER and the USER shall expressly waive any other jurisdiction that may correspond to them and they shall refer the dispute to the closest court or tribunal to the city of TOLEDO (Spain).