GENERAL CONTRACTING CONDITIONS CHUFAMIX
1. GENERAL INFORMATION
The ownership of this website, Chufamix.shop, (hereinafter Website) is held by: Chufamix SL, provided with NIF: B-98425390 and registered in VALENCIA; and its registration data are Folio: 63 FP: 04/13/2012 P r ot. '. 2012/290 / N / 29/02/2012 and whose contact details are:email@example.com
• Postal address: c / Picapedrers 10, PI Camí a la Mar, 46120 Alboraia, Valencia (SPAIN)
• Telephone: +34 961 861 561
• Email: firstname.lastname@example.org
This document (as well as all other documents mentioned here) regulates the conditions governing the use of this Website and the purchase or acquisition of products and / or services therein (hereinafter, Conditions).
For the purposes of these Conditions, it is understood that the activity carried out through the Website includes:
Sale of products manufactured by Chufamix SL and Món Orxata SL
By using this Website or by making and / or requesting the acquisition of a product and / or service through it, the User agrees to be bound by these Conditions and by all the aforementioned, so if they do not agree with everything Therefore, you should not use this Website.
Likewise, it is reported that these Conditions could be modified. The user is responsible for consulting them each time they access, browse and / or use the Website since those that are in force at the time the purchase of products and / or services are requested will be applicable.
For all the questions that the user may have in relation to the Conditions, they can contact the owner using the contact information provided above or, where appropriate, using theContact Form.
2. THE USER PERSON
Access, navigation and use of the Website confers the condition of user (hereinafter referred to, indistinctly, individually as a user or jointly as users), so they are accepted, from the beginning of the navigation through the Site. Web, all the Conditions established here, as well as their subsequent modifications, without prejudice to the application of the corresponding mandatory legal regulations as the case may be.
The user assumes his responsibility for a correct use of the Website. This responsibility will extend to:
● Make use of this Website only to make inquiries and legally valid purchases or acquisitions.
● Do not make any false or fraudulent purchase. If a purchase of this nature could reasonably be considered to have been made, it could be canceled and the relevant authorities informed.
● Provide truthful and lawful contact information, for example, email address, postal address and / or other information (see Legal Notice and General Conditions of Use).
The user declares to be over 18 years of age and have the legal capacity to enter into contracts through this Website.
3. PURCHASE OR ACQUISITION PROCESS
Duly registered users can buy on the Website by the established means and forms. They must follow the online purchase and / or acquisition procedure during which several products and / or services can be selected and added to the cart, basket or final purchase space and, finally, after completing the payment process, the purchase is considered made.
Likewise, the user must fill in and / or check the information that is requested in each step, although, during the purchase process, before making the payment, the purchase details can be modified.
Next, the user will receive an email confirming that their order or purchase request has been received, that is, the order confirmation. And, where appropriate, you will also be informed by email when your purchase is being shipped. Where appropriate, this information could also be made available to the user through their personal connection space to the Website.
Once the purchase procedure has been concluded, the user agrees that the Website generates an electronic invoice that will be sent to the user via email. And, where appropriate, through your personal connection space to the Website.
The user acknowledges being up to date, at the time of purchase, of certain particular conditions of sale that concern the product and / or service in question and that are shown next to the presentation or, where appropriate, its image in its page of the Website, indicating, by way of example, but not exhaustive, and according to each case: name, price, components, weight, quantity, color, details of the products, or characteristics, way in which they will be carried out and / or cost of benefits; and acknowledges that the completion of the purchase or acquisition order materializes the full and complete acceptance of the particular conditions of sale applicable to each case.
All purchase orders received through the Website are subject to the availability of the products and / or that no circumstance or cause of force majeure (clause nine of these Conditions) affects the supply thereof and / or the provision of services. If there are difficulties in the supply of products or there are no products in stock, Chufamix SL undertakes to contact the user and reimburse any amount that may have been paid as an amount. This will be equally applicable in cases in which the provision of a service becomes unfeasible.
5.PRICES AND PAYMENT
The prices displayed on the Website are the final ones, in Euros (€) and include taxes, unless due to legal requirements, especially in relation to VAT, a different question is indicated and applied.
Shipping costs are displayed in the Checkout view. Thus, Chufamix SL performs delivery and / or shipping services through the specialized transport company hired by Chufamix SL.
In no case will the Website add additional costs to the price of a product or service automatically, but only those that the user has selected and chosen voluntarily and freely.
Prices may change at any time, but possible changes will not affect orders or purchases for which the user has already received an order confirmation.
The accepted means of payment will be: Credit or debit card, Paypal and Bank transfer.
Credit cards will be subject to checks and authorizations by the issuing bank, if said entity does not authorize payment, it will not be responsible for any delay or lack of delivery and will not be able to formalize any contract with the User.
In any case, by clicking on "Payment by Card (Strype)" the user confirms that the payment method used is theirs or that, where appropriate, they are the legitimate owner of the gift card or credit card.
Purchase or acquisition orders in which the user selects the bank transfer as a means of payment will be reserved for 5 calendar days from the order confirmation in order to allow enough time for the bank transfer to be taken into account by the payment system used by for the Website. When the system receives the transfer, the order will be prepared and managed for shipping.
Through this payment method, the user must ensure that he correctly enters the exact amount of the purchase order, as well as the account number and the transfer reference. In case of error, you will not be able to validate the order, which will be canceled.
Except for those cases in which there are unforeseen or extraordinary circumstances or, where appropriate, derived from the customization of the products, the purchase order consisting of the related products in each purchase confirmation will be delivered within the period indicated on the Website according to the shipping method selected by the user and, in any case, in the maximum period of 30 calendar days from the date of order confirmation.
If for any reason, attributable to him, he could not meet the delivery date, he will contact the user to inform him of this circumstance and, he may choose to proceed with the purchase by establishing a new delivery date or cancel the order with the full refund of the price paid. In any case, home deliveries are made on working days.
If it is impossible to deliver the order due to the absence of the user, the order could be returned to the warehouse. However, the carrier would leave a notice explaining where the order is and how to get it delivered again.
If the user is not going to be at the place of delivery in the agreed time slot, they must contact to arrange the delivery another day.
In the event that 30 days have elapsed since your order is available for delivery, and it has not been delivered for reasons not attributable to Chufamix SL, it will be understood that the user wishes to withdraw from the contract and it will be considered resolved. As a consequence of the termination of the contract, all payments received from the user will be returned, except for the additional costs resulting from the user's own choice of a delivery method other than the less expensive mode of ordinary delivery than offers the Website, without any undue delay and, in any case, within a maximum period of 14 days from the date the contract is considered terminated.
However, the user must bear in mind that the transport derived from the resolution may have an additional cost that may be passed on to them.
For the purposes of these Conditions, it will be understood that the delivery has occurred or that the order has been delivered at the moment in which the user or a third party indicated by the user acquires material possession of the products, which is accredited by signing the receipt of the order at the agreed delivery address.
The risks that may arise from the products will be borne by the user from the moment of delivery. The user acquires ownership of the products when he receives full payment of all amounts due in relation to the purchase or acquisition made, including shipping costs, or at the time of delivery, if it takes place at a time after the full receipt of the amount to be paid by.
In accordance with the provisions of Law 37/1992, of December 28, on Value Added Tax (VAT), purchase orders for delivery and / or provision will be understood to be located in the territory of application of Spanish VAT if The delivery address is in Spanish territory except the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be the one legally in force at all times depending on the specific article in question.
7. TECHNICAL MEANS TO CORRECT ERRORS
The user is informed that if they detect that there has been an error when entering data necessary to process their purchase request on the Website, they may modify them by contacting through the contact spaces enabled on the Website, and, where appropriate, through those enabled to contact customer service, and / or using the contact information provided in the first clause (General information). Likewise, this information could also be corrected by the user through their personal connection space to the Website.
In any case, the user before clicking on "Complete the purchase", has access to the space, cart, or basket where their purchase requests are noted and can make modifications.
Similarly, the user is referred to consult the Legal Notice and General Conditions of Use to obtain more information on how to exercise their right of rectification according to the provisions of Organic Law 15/1999, of December 13, Protection of Personal data.
In the cases in which the user purchases products on or through the owner's website, they are assisted by a series of rights, as listed and described below:
Right of Withdrawal
The user, as a consumer and user, makes a purchase on the Website and, therefore, has the right to withdraw from said purchase within a period of 14 calendar days without the need for justification.
This withdrawal period will expire 14 calendar days from the day that the user or a third party authorized by him, other than the carrier, acquired material possession of the goods acquired on the Website of or in the event that the goods that make up his order are delivered separately, 14 calendar days from the day that the user or a third party authorized by him, other than the carrier, acquired material possession of the last of those goods that made up the same purchase order.
To exercise this right of withdrawal, the user must notify Chufamix SL of his decision. You can do so, where appropriate, through the contact spaces provided on the Website or through:
The user, regardless of the means they choose to communicate their decision, must clearly and unequivocally express that it is their intention to withdraw from the purchase contract.
To meet the withdrawal period, it is enough that the communication that unequivocally expresses the decision to withdraw is sent before the corresponding period expires.
In case of withdrawal, it will reimburse the user for all payments received, including shipping costs (with the exception of the additional costs chosen by the user for a shipping method other than the less expensive method offered on the Website) without any undue delay and, in any case, no later than 14 calendar days from the date on which the user is informed of the decision to withdraw.
Chufamix SL will reimburse the user using the same payment method used to carry out the initial purchase transaction. This reimbursement will not generate any additional cost to the user. However, you could retain said reimbursement until you have received the products or items of the purchase, or until the user presents proof of their return, depending on which condition is met first.
The user can return or send the products to Chufamix SL at:
And you must do so without any undue delay and, in any case, no later than 14 calendar days from the date you were informed of the withdrawal decision.
The user acknowledges knowing that they must bear the direct cost of return (transport, delivery) of the goods, if any were incurred. In addition, it will be responsible for the decrease in value of the products resulting from a manipulation other than that necessary to establish the nature, characteristics and operation of the goods.
The user acknowledges knowing that there are exceptions to the right of withdrawal, as stated in article 103 of Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for Defense of Consumers and Users and other complementary laws. By way of example, and not exhaustive, this would be the case of: personalized products; products that can deteriorate or expire quickly; products that for hygiene or health reasons are sealed and have been unsealed after delivery.
In this same sense, the provision of a service that the user could contract on this Website is governed, since this same Law establishes that the Right of withdrawal will not assist users when the provision of the service has been fully executed, or when has begun, with the express consent of the consumer and user and with the acknowledgment on their part that they are aware that, once the contract has been fully executed by Chufamix SL, they will have lost their right of withdrawal.
In any case, no refund will be made if the product has been used beyond the mere opening of it, for products that are not in the same condition in which they were delivered or that have suffered any damage after delivery.
Likewise, the products must be returned using or including all their original packaging, instructions and other documents that accompany them, as well as a copy of the purchase invoice.
Return of defective products or shipping errors
These are all those cases in which the user considers that, at the time of delivery, the product does not conform to what is stipulated in the contract or purchase order, and that, therefore, they should contact immediately and let you know the existing disagreement (defect / error) by the same means or by using the contact information provided in the previous section (Right of Withdrawal).
The user will then be informed about how to proceed with the return of the products, and these, once returned, will be examined and the user will be informed, within a reasonable time, if the refund or, where appropriate, the replacement of it.
The refund or replacement of the product will be made as soon as possible and, in any case, within 14 days from the date on which we send you an email confirming that the refund or replacement of the non-compliant item is appropriate.
The amount paid for those products that are returned due to a defect, when it actually exists, will be fully reimbursed, including delivery costs and costs that the User may have incurred to make the return. The reimbursement will be made by the same means of payment that the user used to pay for the purchase.
In any case, the rights recognized in the legislation in force at all times for the user, as consumer and user, will always be observed.
The user, as a consumer and user, enjoys guarantees on the products that can be purchased through this Website, in the legally established terms for each type of product, responding, therefore, for the lack of conformity of the same that manifests itself within a period of two years from the delivery of the product.
In this sense, it is understood that the products are in accordance with the contract provided that: they conform to the description made by and possess the qualities presented in it; are suitable for the uses to which products of the same type are ordinarily destined; and present the usual quality and performance of a product of the same type and that are fundamentally expected from it. When this is not the case with respect to the products delivered to the user, the user must proceed as indicated in the section Returning defective products or shipping errors. However, some of the products that are marketed on the Website could present non-homogeneous characteristics as long as these derive from the type of material with which they have been manufactured,
On the other hand, it could be the case that the user acquires a product from a brand or manufactured by a third party on the Website. In this case, and considering that the user is dealing with a defective product, the user also has the possibility of contacting the brand or manufacturer responsible for the product to find out how to exercise their legal guarantee right directly against them during the two years after the delivery of said products. For this, the user must have kept all the information in relation to the guarantee of the products.
9. DISCLAIMER OF LIABILITY
Except for legal provision to the contrary, Chufamix SL will not accept any responsibility for the following losses, regardless of their origin:
● Any losses that were not attributable to any default on your part.
● Business losses (including lost profits, income, contracts, anticipated savings, data, loss of goodwill, or unnecessary expenses incurred).
● Any other indirect loss that was not reasonably foreseeable by both parties at the time the contract for the sale of the products was formalized between both parties.
Likewise, it also limits its liability in the following cases:
● applies all measures concerning to provide a faithful display of the product on the Website, however, it is not responsible for the minimum differences or inaccuracies that may exist due to lack of resolution of the screen, or problems of the browser that is used or other of this nature.
● will act with the utmost diligence in order to make available to the company in charge of transporting the product object of the purchase order. However, it is not responsible for damages arising from a malfunction of transport, especially for causes such as strikes, road retentions, and in general any other specific to the sector, which result in delays, losses or theft of the product.
● Technical failures that, due to fortuitous or other causes, prevent the normal operation of the service through the Internet. Lack of availability of the Website for maintenance or other reasons, which prevents the availability of the service. puts all the means at its disposal in order to carry out the process of purchase, payment and shipping / delivery of the products, however it disclaims responsibility for causes that are not attributable to it, unforeseeable circumstances or force majeure.
● will not be held responsible for the misuse and / or wear of the products that have been used by the user. At the same time, it will not be held responsible for an erroneous return made by the user. It is the responsibility of the user to return the correct product.
● In general, it will not be responsible for any breach or delay in the fulfillment of any of the obligations assumed, when it is due to events that are beyond our reasonable control, that is, they are due to force majeure, and This may include, but not limited to:
o Strikes, lockouts or other protest measures.
o Civil commotion, revolt, invasion, threat or terrorist attack, war (declared or not) or threat or preparations for war.
o Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
o Impossibility of using trains, boats, airplanes, motor transport or other means of transport, public or private.
o Impossibility of using public or private telecommunications systems.
o Acts, decrees, legislation, regulations or restrictions of any government or public authority.
In this way, the obligations will be suspended during the period in which the force majeure continues, and will have an extension in the term to fulfill them for a period of time equal to the duration of the force majeure.
Chufamix SL will use all reasonable means to find a solution that allows us to fulfill our obligations despite the cause of force majeure.
10. WRITTEN COMMUNICATIONS AND NOTIFICATIONS
By using this Website, the user accepts that most of the communications with
Chufamix SL are electronic (email or notices published on the Website).
For contractual purposes, the user agrees to use this electronic means of communication and acknowledges that all contracts, notifications, information and other communications that Chufamix SL sends electronically meet the legal requirements of being in writing. This condition will not affect the rights recognized by law of the user.
The user can send notifications and / or communicate with through the contact information provided in these Conditions and, where appropriate, through the contact spaces on the Website.
Likewise, unless otherwise stipulated, you can contact and / or notify the user by email, telephone or at the postal address provided.
No waiver of a specific right or legal action or the lack of requirement for strict compliance by the user of any of their obligations will imply, or a waiver of other rights or actions derived from a contract or the Conditions, nor will it exonerate the user of the fulfillment of their obligations.
No waiver of any of these Conditions or the rights or actions derived from a contract will take effect, unless it is expressly established that it is a waiver and it is formalized and communicated to the user in writing.
If any of these Conditions were declared null and void by a firm resolution issued by a competent authority, the rest of the clauses will remain in force, without being affected by said declaration of nullity.
13. ENTIRE AGREEMENT
These Conditions and any document to which express reference is made in these constitute the entire agreement existing between the user and Chufamix SL in relation to the object of sale and replace any other agreement, agreement or previous promise agreed verbally or in writing by the same parts.
The user and Chufamix SL acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except for what is expressly mentioned in these Conditions.
14. DATA PROTECTION
The information or personal data that the user provides in the course of a transaction on the Website, will be treated in accordance with the provisions of the data protection policies (Legal Notice and General Conditions of Use). By accessing, browsing and / or using the Website, the user consents to the processing of said information and data and declares that all the information or data provided are true.
15. APPLICABLE LAW AND JURISDICTION
Access, navigation and / or use of this Website and product purchase contracts through it will be governed by Spanish legislation.
Any controversy, problem or disagreement that arises or is related to the access, navigation and / or use of the Website, or with the interpretation and execution of these Conditions, or with the sales contracts between and the User, will be subject to the jurisdiction not exclusive to Spanish courts and tribunals.
16. COMPLAINTS AND CLAIMS
The user can send their complaints, claims or any other comment they wish to make through the contact information provided at the beginning of these Conditions (General Information).
In addition, it has official complaint forms available to consumers and users, which they can request at any time, using the contact information provided at the beginning of these Conditions (General Information).
Likewise, if a dispute arises from the conclusion of this purchase contract between the user and the user, the user as a consumer may request an out-of-court settlement of disputes, in accordance with EU Regulation No. 524/2013 of the European Parliament and of the Council, of May 21, 2013, on online litigation resolution in consumer matters. You can access this method through the website:http://ec.europa.eu/consumers/odr/.