GENERAL CONDITIONS OF SALE

 

These general conditions of sale (hereinafter, the "General Conditions") will be applicable to any purchase made by a netizen / natural person (hereinafter, the "CLIENT") on the website https://tempvstempli.com ( hereinafter, the "WEB SITE") to Tempvs Templi, Autonomous Individual Entrepreneur, registered in the commercial register Palma de Mallorca, with the number 2015C3654840152k, with registered office at C / de l'Argenteria, 5, 07001, Palma de Mallorca and with NIF number 34065631D, Spanish telephone number: 660554099, fax, email: contacto@tempvstempli.com, (hereinafter, the "SELLER").

IMPORTANT

Any order placed on the WEBSITE necessarily implies the acceptance without reservations by the CLIENT of these general conditions.



Article 1. Definitions

The terms used below have, in these General Conditions, the following meaning:

  • «CUSTOMER» : refers to the SELLER'S co-contractor, which guarantees having the quality of consumer as defined by law and Spanish jurisprudence. For these purposes, it is expressly provided that the CUSTOMER acts outside any usual or commercial activity. In this respect, it is expressly provided that this CUSTOMER acts outside any usual or commercial activity.
  • «DELIVERY» : refers to the first delivery of the PRODUCTS ordered by the CLIENT to the delivery address indicated in the order.
  • «PRODUCTS» : refers to the set of products available on the WEBSITE.
  • «TERRITORY» : refers to SPAIN.

Article 2. Object

These General Conditions regulate the sale by the SELLER to its CLIENTS of the PRODUCTS.

The CLIENT is clearly informed and recognizes that the WEBSITE is addressed to consumers and that professionals should contact the SELLER's commercial service in order to benefit from specific contractual conditions.

If the CLIENT does not accept these terms and conditions, we ask you to refrain from continuing to use our WEBSITE.



Article 3. Acceptance of the general conditions

The CLIENT commits to read carefully these General Conditions and accepts them, before proceeding to the payment of the order of the PRODUCTS made on the WEBSITE.

These General Conditions are inserted in the lower part of each page of the WEBSITE through a link and must be consulted before being able to place the order. The CUSTOMER is invited to read carefully, download and print the General Conditions and keep a copy.

The SELLER advises the CUSTOMER to read the General Conditions at the time of making a new order, the latest version of which is applicable to each one of them.

Clicking on the first button to place the order and on the second to confirm it, the CLIENT acknowledges having read, understood and accepted the General Conditions without limitations or conditions.

Article 4. Purchase of products on the WEBSITE.

In order to purchase any PRODUCT, the CLIENT must be over 18 years of age and have sufficient legal capacity or, if minor, be able to justify the permission of their legal representatives. The CLIENT is invited to provide the necessary information to identify it, completing the form available on the WEBSITE. The sign (*) indicates the mandatory fields that must be filled in so that the CUSTOMER's order is processed by the SELLER. The CLIENT can verify on the WEBSITE the status of your order. The follow-up of the DELIVERY, can, in its case, be carried out or online by certain carriers. The CUSTOMER can also contact the commercial service of the SELLER at any time by email, using the supervisory instruments address contacto@tempvstempli.com,

The information that the CLIENT provides to the SELLER at the time of placing the order must be complete, accurate and updated. The SELLER reserves the right to ask the CLIENT to confirm, by any appropriate means, his identity, his eligibility and the information communicated.

Article 5. Orders

         Article 5.1 Characteristics of the PRODUCTS

The SELLER will endeavor to present as clearly as possible the main characteristics of the PRODUCTS (on the information files available on the WEBSITE) and the mandatory information that the CUSTOMER must receive under the applicable law.

The CLIENT commits to read this information carefully before placing an order on the WEBSITE.

The SELLER reserves the right to modify the selection of PRODUCTS available on the WEBSITE, especially depending on the problems it has in relation to its suppliers.

Unless otherwise indicated on the WEBSITE, all PRODUCTS sold by the SELLER are new and in accordance with current European legislation and applicable regulations in Spain.

         Article 5.2. Order procedure

PRODUCT orders are made directly on the WEBSITE. To place an order, the CLIENT must follow the steps described below (however, depending on the browser used by the Customer, these may vary slightly).

                  5.2.1. Selection of PRODUCTS and purchase options.

The CLIENT must select the PRODUCT (s) of his choice, by clicking on the chosen PRODUCT (s) and choosing the desired characteristics and quantities. Once the PRODUCT has been selected, the PRODUCT will be stored in the CLIENT's shopping basket. The latter may then add as many additional PRODUCTS as you wish.

                  5.2.2. Orders

Once the PRODUCTS have been selected and stored in your basket, the CLIENT must click on the basket and verify that the content of your order is correct. If the CLIENT has not done so yet, he will be invited to identify himself or to register.

Once the CUSTOMER has validated the content of the basket and has been identified / registered, an automatically completed online form will appear and recapitulate the price, applicable fees and, where applicable, delivery costs.

The CUSTOMER is invited to verify the content of their order (including the quantity, characteristics and references of the PRODUCTS requested, the billing address, the means of payment and the price) before validating their content.

The CLIENT can then proceed to pay for the PRODUCTS following the instructions provided on the WEBSITE and provide all the necessary information for billing and DELIVERY of the PRODUCTS. Regarding the PRODUCTS with different available options, their specific references appear when the correct options have been selected. Orders placed must include all the information necessary for the proper treatment of the order.

The CLIENT must also select the chosen delivery mode.

                  5.2.3. Acknowledgment of receipt

Once all the steps described above have been completed, one will appear on the WEBSITE in order to show acknowledgment of the CLIENT's order. A copy of the acknowledgment of receipt of the order will be automatically addressed to the CUSTOMER by email, provided that the email address communicated in the form is correct.

The SELLER will not send any confirmation of order by postal or telematic mail.

                  5.2.4. Billing

Through the order, the CUSTOMER must provide the necessary information for billing (the sign (*) will indicate the mandatory fields that must be filled in so that the CUSTOMER's order is treated by the SELLER).

The CLIENT must also clearly indicate all the information related to the ORDER, in particular the exact address of the DELIVERY, as well as any possible access code to the DELIVERY address.

Neither the order receipt that the CUSTOMER has made online, nor the acknowledgment of receipt of the order that the SELLER sends to the CUSTOMER by e-mail constitute an invoice. Regardless of the order or payment method used, the CUSTOMER will receive the original of the invoice at the time of DELIVERY of the PRODUCTS, inside the package.

         5.3. Order date

The date of the order is the date on which the SELLER accuses the online reception of the same. The terms indicated in the WEBSITE do not begin to count until that date.

         5.4. Price

For all PRODUCTS, the CLIENT will find on the WEBSITE the prices indicated in euros, including taxes, as well as the applicable delivery costs (depending on the weight of the package, without packaging and gifts, the DELIVERY address and the carrier or mode transport chosen).

Prices include in particular the value-added tax (VAT) with the applicable rate on the date of the order. Any modification of the rate may be passed on to the PRODUCTS from the date of entry into force of the same.

The applicable VAT rate will be expressed as a percentage of the value of the PRODUCT sold.

The prices of the SELLER's suppliers are subject to change. Consequently, the price indicated on the WEBSITE may change. These can also be modified in the case of special offers or sales.

The applicable prices will be those indicated on the WEBSITE at the date of placing the order by the CLIENT.

         5.5 Availability of PRODUCTS.

The SELLER will apply "just in time" stock management. Consequently, depending on the case, the availability of PRODUCTS will depend on their existence in the SELLER's stocks.

The SELLER agrees to fulfill the orders received with the reservation that the PRODUCTS are available.

The unavailability of a PRODUCT will appear in principle indicated on the page of the PRODUCT in question. CLIENTS may also be informed of the replacement of the PRODUCT by the SELLER.

In any case, if the unavailability has not been indicated at the time of the order, the SELLER undertakes to inform the CLIENT without delay, if the PRODUCT is unavailable.

The SELLER can, at the request of the CLIENT:

Send all the PRODUCTS together, from the moment in which the non-stocked PRODUCTS are again available.

Proceed to a partial delivery of the PRODUCTS available at that moment, and send the rest of the order when the others are, with express mention relative to the additional transport expenses that could be derived.

Propose an alternative PRODUCT of equivalent quality and price, accepted by the CLIENT.

If the CUSTOMER decides to cancel his order of unavailable PRODUCTS, he will obtain the reimbursement of all the amounts disbursed by said PRODUCTS in thirty (30) days after his payment.

Article 6. Right of withdrawal

The modalities of the right of withdrawal are provided in the "withdrawal policy", available in Annex 1 to these General Conditions and accessible below each page of the WEBSITE via hyperlink.

Article 7. Payment

         7.1. Payment methods

The CLIENT may pay for his PRODUCTS online on the WEBSITE following the means proposed by the SELLER.

The CUSTOMER guarantees to the SELLER that he / she possesses all the authorizations required for the means of payment chosen.

The SELLER will take all necessary measures to guarantee the security and confidentiality of the data transmitted online in the online payment table on the WEBSITE.

It is specified that all information related to the payment made is transmitted to the bank of the WEBSITE and is not treated in the WEBSITE.

         7.2. Date of payment


In case of a single payment by credit card, the CLIENT's account will be debited at the time of ordering the PRODUCTS on the WEBSITE.

In case of partial DELIVERY, the total amount will be debited from the CLIENT's account without delays at the moment in which the first package is sent. If the CUSTOMER decides to cancel his order of unavailable PRODUCTS, the reimbursement will be made in accordance with the last paragraph of article 5.5 of these General Conditions.

         7.3. Delays or rejection of payment.

If the bank rejects the debit of a credit card or other means of payment, the CLIENT must contact the Customer Service of the SELLER in order to pay for the order by any other valid means of payment.

In the event that, for whatever reason, opposition, rejection or other, the transmission of the flow of money due by the CLIENT was impossible, the order will be canceled and the sale automatically rescinded.

Article 8. Test and file.

Any contract concluded by the CUSTOMER corresponding to an order exceeding € 120 (including taxes) will be filed by the SELLER for a period of 5 years.

The SELLER accepts to archive the information in order to ensure a follow-up of the operations and to make a copy of the contract at the request of the CLIENT.

In case of litigation, the SELLER will have the possibility to demonstrate that the electronic tracking system is reliable and guarantees the integrity of the transaction.

Article 9. Transfer of property.

The SELLER remains the owner of the PRODUCTS delivered until the moment of full payment by the CLIENT.

The above provisions are not an obstacle to the transmission to the CLIENT, at the time of receipt by himself or by a third party designated by him other than the carrier, the risks of loss or damage to the PRODUCTS that are the subject of the reservation of property, as well as the risks of damages that may entail.

Article 10. Delivery

The modalities of DELIVERY of the PRODUCTS are those foreseen in the "delivery policy" contemplated in Annex 2 of these General Conditions and accessible below each page of the WEBSITE via hyperlink.

Article 11. Packaging

The PRODUCTS will be packed in accordance with the transport regulations in force, in order to guarantee a maximum of protection during DELIVERY. The CLIENTS undertake to respect the same rules when returning the PRODUCTS in accordance with the conditions set out in Annex 1 - Cancellation Policy.

Article 12. Guarantees.

12.1. Compliance guarantee.

The SELLER is obliged to deliver a conforming PRODUCT, that is, its own to the expected use consisting of a similar good, corresponding to the description provided on the WEBSITE. This conformity also assumes that the PRODUCT presents the qualities that a buyer can legitimately expect with respect to public statements made by the SELLER, including promotion and labeling.

In this framework, the SELLER is liable to respond to the defects of conformity existing at the time of delivery and the lack of conformity resulting from the packaging, the assembly instructions or the installation when it is put in charge or has been carried out under your responsibility

The action arising from lack of conformity prescribes two (2) years from the delivery of the PRODUCT.

In case of lack of conformity, the CLIENT may request, at his / her option, the replacement or repair of the PRODUCT. In any case, in the event that the cost of the choice of the CLIENT is manifestly disproportionate with respect to another option, taking into account the value of the PRODUCT or the importance of the defect, the SELLER may proceed to the reimbursement, without addressing the chosen option for the client.

In the event that the replacement or repair is impossible, the SELLER undertakes to refund the price of the PRODUCT after 30 days from the reception of the returned PRODUCT and in exchange for the return of the PRODUCT by the CUSTOMER to the following address C / de l'Argenteria , 5, 07001, Palma de Mallorca.

The CLIENT is exempt from providing proof of the existence of a defect in the conformity of the PRODUCT during the six (6) months following the delivery of the goods.

It is specified that this legal guarantee of conformity is applied independently of the commercial guarantee consented, as the case may be, to the PRODUCTS.

12.2. Guarantee for hidden defects

The SELLER undertakes to guarantee the hidden defects of the PRODUCT sold susceptible of turning it into defective for the use to which it should be destined, or that reduce it in such a way that the CUSTOMER has not acquired it or paid a lower price, if there is known.

This guarantee allows the CLIENT, who can demonstrate the existence of a hidden defect, to choose between the reimbursement of the price of the PRODUCT if it is returned or the reimbursement of part of the price if it is not restored.

In the event that the replacement or repair were impossible, the SELLER undertakes to refund the price of the PRODUCT within a period of thirty (30) days after receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the CUSTOMER to the following address C / de l'Argenteria, 5, 07001, Palma de Mallorca.

The action resulting from hidden defects must be filed by the CLIENT within a period of two (2) years from the discovery of the defect.

Article 13. Responsibility.

The liability of the SELLER can not be established in any case in case of non-execution or poor performance of contractual obligations attributable to the CLIENT, when it comes to carry out your order.

The SELLER can not be responsible, or considered as a breach of the General Conditions, for any delay or non-execution, when the cause of the delay or non-execution is linked to a case of force majeure or a fortuitous event as defined by the jurisprudence of the Spanish Courts.

It is also necessary that the SELLER does not control the web pages that are directly or indirectly linked to the WEBSITE. Consequently, it is excluded, to the extent permitted by law, from any liability linked to the information published therein. Hyperlinks to these web pages are granted merely as an indication and do not imply any guarantee regarding their content.

Article 14. Personal data


The SELLER collects on the WEBSITE personal data of its CLIENTS, including by means of cookies. The CLIENTS can deactivate the cookies following the instructions given by their browsers. You are given more information about our cookies policy in Article 15 of these General Conditions of Sale.

         14.1 Responsible for the treatment:

The SELLER, with address at C / de l'Argenteria, 5, 07001 - Palma.

         14.2 Obtaining your data:


The data that we have of you is the one that has facilitated to us initially and those that are generated during the relation and interactions.

         14.3 Purposes of treatment:

The data collected by the SELLER will be used in order to process your orders made through the WEBSITE, manage the CLIENT's account, analyze your orders and send you emails for promotional purposes, newsletters, promotional offers and / or information about products and services similar to those acquired, except if the CLIENT does not wish to receive such communications from the SELLER.

CUSTOMERS can object to receiving promotional emails at any time by accessing their account or by clicking on the hyperlink provided for such purposes under each offer received by email, or by sending an email to the Data Protection Delegate.

         14.4 Legal basis of the treatment:

The treatment of the CUSTOMER's personal data related to the maintenance of its relationship with the SELLER as a customer, is legitimized when necessary to comply with the contractual obligations derived from said relationship.

The treatment of the CLIENT's personal data to send promotional information about products and services of the SELLER similar to those that were initially hired with the CUSTOMER, responds to a legitimate interest of the SELLER and is authorized by the current regulations.

         14.5 Recipients:

The data may be communicated, in whole or in part, to the service providers of the SELLER intervening in the order. For commercial purposes, the SELLER may transfer to its collaborators the names and coordinates of its CLIENTS, under the condition that they have given their prior agreement at the time of their registration on the WEBSITE. The SELLER will specifically ask the CLIENTS if they want their personal data to be disclosed. CUSTOMERS may change their mind at any time by contacting the SELLER. The SELLER may also ask its CLIENTS if they wish to receive commercial information from their collaborators.

         14.6 International transfers:

The SELLER has contracted the services of technological suppliers located in countries that do not have regulations equivalent to European ("Third Countries"). These suppliers have subscribed with the SELLER the confidentiality and data treatment contracts required by the regulations for suppliers located in Third Countries, applying the guarantees and safeguards necessary to preserve the CLIENT's privacy. In particular, the [reference to adequate or appropriate guarantees, ie Privacy Shield, etc.]

         14.7 Term of conservation:

The personal data will be kept as long as the CUSTOMER maintains the relationship with the SELLER and, after the termination of said relationship for any reason, during the legal limitation periods that are applicable. In this case, they will be treated for the sole purpose of proving compliance with the legal or contractual obligations of the SELLER. After 12 said limitation periods, the CLIENT's data will be deleted or, alternatively, anonymized.

         14.8 Rights:

In accordance with Regulation (EU) 2016/679 on Protection of Personal Data, the CLIENT benefits from a right of access, rectification, opposition (for legitimate reasons) and the removal, portability, and / or limitation of these personal information. Likewise, the CUSTOMER will also have the right to withdraw his consent at any time for treatments based on consent, without affecting the legality of the treatment based on the consent prior to its withdrawal. You can exercise these rights by sending an email to the address: contacto@tempvstempli.com, or by sending an email to C / de l'Argenteria, 5, 07001, Palma de Mallorca. It is specified that the CUSTOMER must be able to justify his identity, either by scanning an identity card, or by sending a photocopy of it to the SELLER.
Likewise, the CLIENT may exercise these rights through his account registered on this website, by logging in and through the different options that you will find in his control panel.

Likewise, if the CLIENT considers that the processing of his personal data violates the regulations or his privacy rights, he may submit a claim:
- Before the Spanish Agency for Data Protection, through its electronic headquarters, or his postal address.

Cookies policy

A cookie is a file that is downloaded to your computer when you access certain web pages. Cookies allow a web page, among other things, to store and retrieve information about the browsing habits of a user or their equipment and, depending on the information they contain and the way they use their equipment, they can be used to recognize to user.

This WEBSITE uses its own cookies and third-party cookies.

Specifically, third-party service providers with which we have contracted a service for which the use of cookies is necessary are:

Provider's name Purpose of the cookie Description of the purpose of the cookie If you want more information about the use of this third party's cookies
                   
                    GLS Spain
Transport Data for transportation GLS Spain


You can allow, block or delete the cookies installed on your computer by configuring the options of the browser installed on your computer, in case it does not allow the installation of cookies on your browser you may not be able to access any of the sections of our web.

Informative clause:

Responsible: Identity: Tempvs Templi - NIF: 34065631D Dir. Postal: c / de l'Argenteria, 5, 07001 Palma Telephone: 660554099 E-mail:  contacto@tempvstempli.com

"In the name of the company, we treat the information you provide us with in order to provide them with the requested service, perform the billing of the same. The data provided will be kept as long as the commercial relationship is maintained or during the years necessary to comply with the legal obligations. The data will not be transferred to third parties except in cases where there is a legal obligation. You have the right to obtain confirmation on whether we are treating your personal data at Tempvs Templi, therefore you have the right to access your personal data, correct inaccurate data or request its deletion when the data is no longer necessary.
I also request your authorization to offer products and services related to those requested and to retain you as a customer. "

Article 15. Claims

The SELLER places at the CLIENT's disposal a "Telephone Customer Service" with the following number: 660554099 (normal rate telephone). Any written claim of the CLIENT must be transmitted to the following postal address and email address: C / de l'Argenteria, 5, 07001, Palma de Mallorca,

Article 16. Intellectual property

All visual and sound elements of the WEBSITE, including the underlying technology used, are protected by copyright, trademark rights or corresponding patents.

These elements are the exclusive property of the SELLER. Any person who publishes a web page and wishes to create a direct hyperlink to the WEBSITE must request authorization from the SELLER in writing.

This authorization of the SELLER will not be in any case definitively agreed. This hyperlink must be deleted at the request of the SELLER. Hyperlinks to the WEBSITE that use techniques such as framing or in-line linking are strictly prohibited.

Article 17. Validity of the General Conditions

Any amendment to the legislation or regulation in force, or any decision of the competent court invalidating one or several clauses of these General Conditions may not affect the validity of the rest of them.

Such modification or decision does not authorize the CLIENTS to ignore these General Conditions.

All conditions not expressly dealt with herein will be regulated in accordance with the uses of the retail sector of individuals.

Article 18. Modifications of the General Conditions

These General Conditions apply to all purchases made online on the WEBSITE, provided that the WEBSITE is available.

The General Conditions will be accurately dated and may be modified and updated by the SELLER at all times. The applicable General Conditions will be those that are in force at the time of the order.

The modifications made in the General Conditions will not be applicable to the PRODUCTS already purchased.

Article 19. Competence and applicable law

THE PRESENT GENERAL CONDITIONS AS WELL AS THE RELATIONS BETWEEN CUSTOMER AND SELLER ARE GOVERNED BY SPANISH LAW.

IN CASE OF LITIGATION, ONLY THE SPANISH COURTS WILL BE COMPETENT.

Likewise, prior to any recourse of arbitration or in courts, negotiation between the parties shall prevail in a spirit of loyalty and good faith in order to reach an amicable agreement to resolve any dispute relating to this contract, including regarding its validity.

The party wishing to start the negotiation process must inform the other party by registered letter with acknowledgment of receipt indicating the elements of the conflict. If at the end of a period of fifteen (15) days, the parties fail to understand each other, the differences will be submitted to the jurisdiction established below.

During the negotiation process and until its completion, the parties are prohibited from exercising any legal action against each other for the conflict object of negotiation. As an exception, the parties will be authorized to resort to the jurisdiction of the precautionary measures or the start-up of a procedure does not entail by the parties the waiver of any friendly agreement clause, unless otherwise expressly stated.

APPENDIX 1

WITHDRAWAL POLICY

Principle of withdrawal

The Client has as a principle the right to redeliver or return the PRODUCT to the SELLER or to a person designated by the latter, without excessive delay, and no later than fourteen (14) days after the communication of his notice of withdrawal, unless the SELLER proposes to recover the same PRODUCT.

Term of withdrawal

The withdrawal period expires fourteen (14) calendar days after the day on which CLIENT, or a third party that is not the carrier and designated by the CLIENT, takes possession of the PRODUCT.

In the event that the CLIENT has ordered several PRODUCTS in a single ORDER giving rise to several DELIVERIES (or in the case of an order of a single PRODUCT delivered in several lots), the withdrawal period will expire in fourteen (14) calendar days after the day in which the CLIENT, or a third party that is not the carrier and designated by the client, takes possession of the last PRODUCT delivered.

If the CLIENT's order carries several PRODUCTS and these PRODUCTS are delivered separately, the withdrawal period will expire fourteen (14) calendar days after the day on which the CLIENT, or a third party that is not the carrier and designated by the client, take possession of the last PRODUCT delivered.

Notification of the right of withdrawal.

To exercise their right of withdrawal, the CUSTOMER must notify his / her decision to withdraw by means of a statement made unequivocally (for example, by letter sent by mail, fax or email) to: C / de l'Argenteria, 5, 07001, Palma de Mallorca or contact@tempvstempli.com

For this purpose, you can also use the following form:

WITHDRAWAL FORM
At the attention of [*] (* coordinates of the SELLER) SELLER'S

PHONE
NUMBER : SELLER'S FAX NUMBER:
SELLER

'S EMAIL ADDRESS: I hereby notify you of my withdrawal of the contract concerning the sale of the following PRODUCT:

Product reference:
Number of the bill:
No certificate order:
- order the [____________] / Received [________________]
- means of payment used:
- customer name and where applicable the beneficiary of the order:
- Customer address :
- Address of the delivery:
- Signature of the CLIENT (except in case of transmission by mail)
- Date


In order for the right of withdrawal to be respected, the CLIENT must transmit his communication regarding the exercise of the right of withdrawal before the expiration of the term.

Effects of withdrawal

In the event of withdrawal by the CUSTOMER, the SELLER agrees to reimburse you for all the sums paid, including the delivery costs (with the exception of the supplementary expenses, originated in your case, by choice of the CUSTOMER in a way of transport different from the standard proposed by the SELLER) without excessive delays and, in any case, at the latest in the following fourteen (14) calendar days from the day on which the SELLER was informed of the CUSTOMER's intention to desist.

The SELLER will proceed to the reimbursement using the same means of payment as the one used for the initial transmission, unless the CUSTOMER expressly agrees to a different means, in any case, this reimbursement will not entail any cost to the CLIENT.

The SELLER may defer the reimbursement until the reception of the property or until the CUSTOMER shows proof of having issued the property, the date retained will be the first of these two.

Return modalities

The CLIENT must, without undue delay and, in any case, no later than fourteen (14) days after communicating his decision to withdraw from this contract, forward the property to: C / de l ' Argenteria, 5, 07001, Palma de Mallorca

This term is understood respected if the CLIENT sends the PRODUCT before the expiration of the fourteen (14) days.

Return expenses

The SELLER will take care of the direct expenses of return.

Status of the returned goods

The PRODUCT must be returned following the instructions of the SELLER and including all the delivered accessories.

The CLIENT's liability does not apply except for the depreciation of the property resulting from other manipulations than those derived from the normal use of the PRODUCT. In other words, the CUSTOMER has the possibility to test the PRODUCT but can not oppose its liability if it comes from manipulations other than the ordinary ones in the use of the same.

Packaging

The PRODUCTS are packed in accordance with the transport regulations in force, in order to guarantee maximum protection during DELIVERY. The CLIENT must respect the same rules for the return of them. In this sense, the CLIENT may return the PRODUCT that does not suit you in its original packaging and in good condition, ready for re-marketing.

Exclusion of the right of withdrawal

The right of withdrawal is excluded in the following cases:

     - Provision of goods or services whose price depends on fluctuations in the financial market.
     - Supply of goods made according to customer specifications or clearly customized.
     - Supply of good susceptible to deteriorate or expire quickly.
     - Provision of audio or video recordings or sealed programs that have been unsealed after delivery.
     - Newspapers or magazines (except subscription contract).
   - Provision of accommodation service for purposes other than residential, transport of goods, rental of cars, catering or services linked to leisure activities if the offer provides a specific execution date.
     - Supply of goods that by their nature require to be combined with other products.
     - Provision of sealed goods that can not be resent for protection reasons
    - Supply of alcoholic beverages whose price has been agreed at the time of conclusion of the sales contract, whose delivery can only be made after 30 days and whose value depends on market fluctuation and outside the influence made by the SELLER.
   - Provision of a content number not supplied in a dematerialized form if the execution has begun with the prior agreement of the consumer, who has also acknowledged that he will lose his right of withdrawal.
    - Contracts formalized in public auctions.

ANNEX 2

DELIVERY POLICY

Delivery area

The PRODUCTS can only be delivered in the TERRITORY. Being impossible to place an order whose delivery address is located outside it.

The PRODUCTS will be shipped to the delivery address (es) that the CLIENT will indicate in the order procedure.

Term of shipment

The deadline to prepare an order and establish the invoice, before sending the PRODUCTS in stock figure mentioned in the WEBSITE. These terms will be understood without counting weekends and holidays.

An email will be automatically sent to the CLIENT at the time of sending the PRODUCTS, provided that the email address given at the time of sending the form is correct.

Term and delivery costs

During the order process, the SELLER will indicate to the CUSTOMER the possible delivery terms and formulas for the PRODUCTS purchased.

The shipping costs will be calculated according to the delivery mode.

The amount of these costs will be due to the CUSTOMER in payment different from that of the PRODUCTS purchased.

The details of the deadlines and delivery costs will be detailed on the WEBSITE.

DELIVERY Modalities

The package will be delivered to the CLIENT after his signature and presentation of his identity document.

In case of absence, notice will be given to the CLIENT, so that this way he can pick up the PRODUCT at the nearest post office.

DELIVERY problems

The CLIENT will be informed of the delivery date set at the time of the carrier's choice, at the end of the online ordering procedure, before confirming the order.

It is specified that deliveries will be made at the most before thirty (30) days. In the absence of delivery, the CUSTOMER must require the SELLER to deliver it within a reasonable time and if he can not rescind the contract.

The SELLER will reimburse, without excessive delay, from the date of receipt of the rescission letter, the CLIENT the total amount paid for the PRODUCTS, taxes and delivery costs inclusive, by the same means of payment used by the CLIENT for the purchase of the PRODUCTS.

The SELLER will be responsible for the delivery of the PRODUCT to the CLIENT. It is important to remember that the CUSTOMER has a period of three (3) days to notify the carrier of the breakdowns or partial losses verified by the delivery.

ANNEX SECURITY MEASURES

INFORMATION OF GENERAL INTEREST

This document has been designed for the treatment of low risk personal data from which it can be inferred that it can not be used for the processing of personal data that includes personal data   related to ethnic or racial origin, religious or philosophical political ideology, union affiliation, data genetic and biometric, health data, and data on sexual orientation of people as well as any other data treatment that entails high risk for the rights and freedoms of individuals. 

Article 5.1.f of the General Data Protection Regulation (RGPD) determines the need to establish adequate security guarantees against unauthorized or illegal treatment, against the loss of personal data, destruction or accidental damage. This implies the establishment of technical and organizational measures aimed at ensuring the integrity and confidentiality of personal data and the possibility (Article 5.2) to demonstrate that these measures have been implemented (proactive responsibility).

According to the type of treatment that you have shown when you have completed this form, the minimum minimum security measures that you should take into account are the following:

ORGANIZATIONAL MEASURES

INFORMATION THAT SHALL BE KNOWN BY ALL STAFF WITH ACCESS TO PERSONAL DATA

All personnel with access to personal data must be aware of their obligations in relation to the processing of personal data and will be informed about these obligations. The minimum information that will be known by all the staff will be the following:

  • DUTY OF CONFIDENTIALITY AND SECRET
    • The access of unauthorized persons to personal data should be avoided, for this purpose it will be avoided: leaving personal data exposed to third parties (unattended electronic screens, paper documents in areas of public access, supports with personal data, etc.), this consideration includes the screens that are used for the visualization of images of the video-surveillance system. When you are absent from the workplace, the screen will be blocked or the session closed.
    • Paper documents and electronic media will be stored in a secure place (cupboards or restricted access rooms) 24 hours a day. 
    • Documents or electronic media (cd, pen drives, hard drives, etc.) will not be discarded with personal data without guaranteeing their destruction. 
    • Personal data or any personal information will not be communicated to third parties, special attention will be given in not divulging protected personal data during telephone consultations, emails, etc.
    • The duty of secrecy and confidentiality persists even when the worker's employment relationship with the company ends.

  • RIGHTS OF THE DATA HOLDERS

All workers will be informed about the procedure to address the rights of the interested parties, clearly defining the mechanisms by which the rights can be exercised (electronic means, reference to the Delegate of Data Protection if there is one, postal address, etc.). ) taking into account the following:

  • Upon presentation of their national identity document or passport, the holders of personal data (interested) may exercise their rights of access, rectification, deletion, opposition and portability. The person responsible for the treatment must respond to the interested parties without undue delay.

For the right of access , the interested parties will be provided with a list of the personal data they have available, along with the purpose for which they were collected, the identity of the recipients of the data, the conservation periods, and the identity of the person responsible. which can request the rectification suppression and opposition to the processing of the data.

For the rectification right will proceed to modify the data of the interested parties that were inaccurate or incomplete attending to the purposes of the treatment.

For the right of suppression the data of the interested parties will be suppressed when the interested ones express their refusal or opposition to the consent for the treatment of their data and there is no legal duty that prevents it. 

For the right of opposition, the interested parties must state their refusal to process their data before the person in charge, who will stop processing them whenever there is no legal obligation to prevent it. 

For the portability right, the interested parties must communicate their decision and inform the person responsible, as the case may be, about the identity of the new responsible person to whom they provide their personal data.

The person responsible for the treatment must inform all persons with access to personal data about the terms of compliance to meet the rights of the interested parties, the manner and procedure in which said rights will be met.

  • SECURITY VIOLATIONS OF PERSONAL DATA
    • When security breaches occur PERSONAL DATA, such as theft or improper access to personal data will be notified to the Spanish Agency for Data Protection within 72 hours about these security violations, including all the information necessary for the clarification of the facts that would have given rise to improper access to personal data. The notification will be made by electronic means through the electronic headquarters of the Spanish Agency for Data Protection at the address: https://sedeagpd.gob.es 

TECHNICAL MEASURES

ID

  • When the same computer or device is used for the processing of personal data and personal purposes, it is recommended to have several profiles or different users for each of the purposes. The professional and personal uses of the computer must be kept separate.
  • It is recommended to have profiles with administration rights for the installation and configuration of the system and users without privileges or administrative rights for access to personal data. This measure will prevent access privileges or modify the operating system in case of cybersecurity attack.
  • The existence of passwords for access to personal data stored in electronic systems will be guaranteed. The password will have at least 8 characters, a mixture of numbers and letters.
  • When personal data are accessed by different people, for each person with access to personal data, a specific username and password will be available (unambiguous identification).
  • The confidentiality of passwords must be guaranteed, preventing them from being exposed to third parties. For the management of passwords you can consult the privacy and security guide on the internet of the Spanish Agency for Data Protection and the National Institute of Cybersecurity. In no case will the passwords be shared nor annotated in common place and accessed by people other than the user.

DUTY OF SAFEGUARD 

The following are the minimum technical measures to guarantee the safeguarding of personal data: 

  • UPDATING OF COMPUTERS AND DEVICES : The devices and computers used for the storage and processing of personal data must be kept up-to-date as possible. 
  • MALWARE : On computers and devices where the automated processing of personal data is carried out, an antivirus system will be available to guarantee the theft and destruction of personal information and data as much as possible. The antivirus system should be updated periodically.
  • FIREWALL OR FIREWALL : To avoid undue remote access to personal data will be ensured to ensure the existence of an activated firewall on those computers and devices in which the storage and / or processing of personal data is made.
  • ENCRYPTION OF DATA : When it is necessary to perform the extraction of personal data outside the site where it is processed, either by physical means or by electronic means, the possibility of using an encryption method to guarantee the confidentiality of the data should be assessed. personal in case of undue access to information.
  • COPY OF SECURITY : Periodically a backup copy will be made in a second support different from that used for daily work. The copy will be stored in a secure place, different from that in which the computer is located with the original files, in order to allow the recovery of personal data in case of loss of information. 

The security measures will be reviewed periodically, the review may be done by automatic mechanisms (software or computer programs) or manually. Consider that any computer security incident that has happened to any acquaintance can occur to you, and be warned against it.