Terms and Conditions

GENERAL CONTRACTING CONDITIONS

Introduction

This contractual document will govern the General Conditions for the purchase of products (hereinafter, "Conditions") through the website cuerdacieza.com, owned by PIÑERA SAN MARTIN JOSE JUAN SL under the commercial brand of , hereinafter, PROVIDER, whose contact details are also included in the Legal Notice of this Website.

These Terms and Conditions will remain posted on the website for the user to reproduce and save as confirmation of the contract. They may be modified at any time by PIÑERA SAN MARTIN JOSE JUAN SL. It is the user's responsibility to read them periodically, as the terms and conditions in force at the time of placing orders will apply. PIÑERA SAN MARTIN JOSE JUAN SL will archive the electronic document formalizing the purchase and will make it available to the user upon request.

The contracts will not be subject to any formality with the exception of the cases expressly indicated in the Civil and Commercial Codes and in this or other special laws.

Acceptance of this document implies that the USER:

Has read, understands and comprehends what is stated herein.

It is a person with sufficient capacity to hire. Assume all obligations set forth herein.

These conditions will have an indefinite validity period and will be applicable to all contracts made through the PROVIDER's 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 previously acquired from the modification.

Identity of the contracting parties

On the one hand, the PROVIDER of the products contracted by the USER is PIÑERA SAN MARTIN JOSE JUAN SL, with registered office at Pol. Ind. Sierra Ascoy – C. de la Chicharra, 26, 30535 CIEZA (MURCIA), NIF B73575086 and customer service telephone number 968 76 09 62.

And on the other, the USER, registered on the website by means of a username 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.

Object of the contract

The purpose of this contract is to regulate the contractual relationship of sale created between the PROVIDER and the USER at the moment in which the latter accepts the corresponding box during the online contracting process.

The contractual sales relationship involves the delivery, in exchange for a specific price publicly displayed through the website, of a specific product.

Data rectification

When the USER identifies errors in the data published on the website or in the documents generated by the contractual relationship, they may notify us by email at getexcieza@gmail.com so that PIÑERA SAN MARTIN JOSE JUAN SL can correct them as soon as possible.

The USER may keep their data updated by accessing their user account.

Sale Procedure

In order to access the products or services offered by the PROVIDER, the USER must be of legal age or an emancipated minor and register through the website by creating a user account. Therefore, the USER must freely and voluntarily provide the personal data that will be requested, which will be processed in accordance with the provisions of Regulation (EU) 2016/679 of April 27, 2016 (GDPR), regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data and Organic Law 3/2018, of December 5.

(LOPDGDD), relating to the protection of personal data and detailed in the Legal Notice and Privacy Policy of this website.

The USER will select a username and password, agreeing to make diligent use of them and not to make them available to third parties, as well as to notify the PROVIDER of the loss or theft of them or the possible access by an unauthorized third party. , so that it proceeds to immediate blocking.

Once the user account has been created, it is reported that in accordance with what is required by 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.
Shipping and delivery of orders.
Right of withdrawal.
Claims and online dispute resolution.
Force Majeure.
General information of the offer.
Price and validity period of the offer.
Transportation expenses.
Form of payment, expenses and discounts.
Purchasing process.
Dissociation and suspension or termination of the contract.
Guarantees and returns.
Applicable law and jurisdiction.

1. GENERAL CONTRACTING CLAUSES

Unless otherwise stipulated in writing, placing an order with the PROVIDER will imply acceptance by the USER of these legal conditions. No stipulation made by the USER may differ from those of the PROVIDER if it has not been expressly accepted in advance and in writing by the USER.

PROVIDER

2. SHIPPING AND DELIVERY OF ORDERS

The PROVIDER will not send any order until it has verified that the payment has been made.

Merchandise shipments will usually be made by EXPRESS MESSAGING (POSTAL EXPRESS, SEUR, UPS, STD, etc.), according to the destination freely designated by the USER.

Shipping will be carried out once the availability of the merchandise has been confirmed and payment for the order has been verified.

Delivery times range from 2 to 6 business days, depending on the destination city and payment method chosen. The estimated shipping and delivery date will be provided prior to order confirmation.

Lack of performance of the distance contract

In the event that the contract cannot be executed because the contracted product or service is not available within the stipulated period, the USER will be informed of the lack of availability and will be entitled to cancel the order and receive a refund of the total amount paid at no cost, and without any liability for damages attributable to the PROVIDER.

In case of unjustified delay on the part of the PROVIDER regarding the return of the total amount, the USER may claim that double the amount owed be paid, without prejudice to their right to be compensated for damages suffered in excess of said amount.

The PROVIDER will not assume any responsibility when the delivery of the product or service does not take place, because the data provided by the USER is false, inaccurate or incomplete.

The delivery will be considered made when the carrier has made the products available to the USER and the USER, or his / her delegate, has signed the delivery receipt document.

The PROVIDER shall be liable to the USER for any lack of conformity that exists at the time of delivery of the order, and the USER may, by means of a simple declaration, demand the correction of said lack of conformity, the reduction of the price or the termination of the contract. In any of these cases, the USER may also demand compensation for damages, if applicable.

The USER shall have the right to suspend payment of any outstanding portion of the price of the purchased product until the PROVIDER complies with the obligations established in this contract.

It is the responsibility of the USER to verify the products upon receipt and expose all the exceptions and claims that may be justified in the delivery receipt document.

If the contract does not involve the physical delivery of any product, but rather a download activation on a website, the PROVIDER will inform the USER in advance of the procedure to follow to complete this download.

3 RIGHT OF WITHDRAWAL

Withdrawal form: https://cuerdacieza.com/formulario-solicitud-desistimiento.pdf

The USER has a period of fourteen calendar days, counted from the date of receipt of the product or from the conclusion of the purchase and sale contract if it were a provision of a service, to exercise the right of withdrawal, regulated in the article 102 of Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, hereinafter RDL 1/2007. If the PROVIDER does not comply with the obligation to provide information and documentation regarding the right of withdrawal, the deadline for exercising it will end twelve months after the expiration date of the initial withdrawal period, in accordance with article 105 of the RDL 1/2007.

The right of withdrawal will not be applicable to the contracts referred to and listed in the article 103 of RDL 1 / 2007, and that are related here

Any return must be communicated to the PROVIDER by requesting a return number using the form provided for this purpose, or by email to getexcieza@gmail.com, indicating the corresponding invoice or order number.

In the event that the return is not made with the original delivery packaging, the PROVIDER may charge the cost of €... to the USER, informing them in advance through the same communication channel used.

Once the USER has received the return number, he/she will send the product to the PROVIDER, indicating this number in the shipping letter, with the shipping costs at his/her expense, at the address of

PIÑERA SAN MARTIN JOSE JUAN SL, Industrial Park Sierra Ascoy – C. de la Chicharra, 26, 30535 CIEZA (MURCIA)

4. CLAIMS

Any claim that the USER considers appropriate will be attended to as soon as possible, and can be made at the following contact addresses:

Postal address: PIÑERA SAN MARTIN JOSE JUAN SL, Industrial Park Sierra Ascoy – C. de la Chicharra, 26, 30535 CIEZA (MURCIA)
Telephone: 968 76 09 62
Email: getexcieza@gmail.com

5. FORCE MAJEURE

The parties will not incur liability for any fault due to a major cause. Compliance with the obligation will be delayed until the cessation of force majeure.

6. COMPETITION

The USER may not assign, transfer or transmit the rights, responsibilities and obligations contracted in the sale.

If any stipulation of these conditions is considered null or impossible to fulfill, the validity, legality and fulfillment of the rest will not be affected in any way, nor will they be modified in any way.

The USER declares to have read, know and accept these Conditions in their entirety.

7. GENERAL INFORMATION OF THE OFFER

All sales and deliveries made by the PROVIDER will be understood to be subject to these Conditions.

No modification, alteration or agreement contrary to the Commercial Proposal of PIÑERA SAN MARTIN JOSE JUAN SL or to what is stipulated herein shall have effect, unless expressly agreed in writing signed by the PROVIDER, in which case, these particular agreements shall prevail.

8. PRICE AND TERM OF VALIDITY OF THE OFFER

The prices indicated for each product or service include Value Added Tax (VAT) or other taxes that may be applicable. These prices, unless expressly indicated otherwise, do not include shipping or communication costs, handling or any other additional services and annexes to the purchased product.

The prices applicable to each product are those published on the website and will be expressed in the EURO currency. The USER assumes that the economic valuation of some of the products may vary in real time.

Before making the purchase, you will be able to check online all the details of the budget: articles, quantities, price, availability, transport costs, charges, discounts, taxes and the total of the purchase. Prices can change daily as long as the order is not placed.

Once the order is placed, the prices will be maintained whether there are products available or not.

Any payment made to the PROVIDER entails the issuance of an invoice in the name of the registered USER or the company name that the USER has informed at the time of placing the order. This invoice will be sent in paper format along with the purchased product. The invoice can be downloaded in PDF format by accessing the website management panel with the user account. If you want to receive it by email, you must request it by any of the means that the PROVIDER makes available to you, informing you that you may revoke said decision at any time.

For any information regarding the order, the USER may contact the SUPPLIER's customer service phone number at 968 76 09 62 or via email at getexcieza@gmail.com.

9. TRANSPORTATION COSTS

The prices published in the store do not include shipping or communication costs, installation or download costs, or additional services, unless otherwise expressly agreed in writing.

The postage 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.

The maximum transport rate (VAT included) applied is as follows:

Peninsula up to 2 Kg: ………. €
Peninsula > 2 Kg up to 10 Kg: ………. €
Peninsula > 10 Kg: ………. €
Outside the peninsula up to 2 Kg: ………. €
Outside the peninsula > 2 Kg up to 10 Kg: ………. €
Outside the peninsula > 10 Kg: ………. €

10. PAYMENT METHODS, FEES AND DISCOUNTS

The PROVIDER is responsible for economic transactions and allows the following ways to pay for an order:

Credit card
PayPal

The USER may use a discount coupon at the time prior to completing the purchase if it has been received by the PROVIDER.

Security measures

The website uses information security techniques generally accepted in the industry, such as SSL, data entered in secure pages, firewalls, access control procedures and cryptographic mechanisms, all with the aim of preventing unauthorized access to the data. To achieve these purposes, the user/client accepts that the provider obtains data for the corresponding authentication of access controls.

The PROVIDER undertakes not to allow any transaction that is considered illegal by the credit card brands or the acquiring bank and that may or has the potential to damage their goodwill or negatively influence them.

The sale or offer of a product or service that does not comply with all laws applicable to the Buyer, Issuing Bank, Merchant or Holder of the card or cards is prohibited under the card brand programs.

11. PURCHASE PROCESS

Any product from our catalog can be added to the basket. In this, 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 information entered.

The baskets do not have any administrative link, it is only a section where you can simulate a budget without any commitment by both parties.

From the basket you can place an order by following the steps below for its correct formalization:

- Checking the billing information.
– Checking the shipping address.
– Selection of the payment method.
– Place the order (buy).

Once the order is processed, the system instantly sends an email to the PROVIDER's management department and another to the USER's email confirming the placing of the order.

Orders (purchase requests)

Prior to order confirmation, information regarding the status of the order and the approximate shipping and/or delivery date will be provided.

12. DISSOCIATION AND SUSPENSION OR TERMINATION OF THE CONTRACT

If any of these terms and conditions is considered illegal, void or for any unenforceable reason, this condition will be considered severable and will not affect the validity and enforceability of any of the remaining conditions.

The PROVIDER may, without prior notice, suspend or terminate the USER's access to its services, in whole or in part, when the USER fails to comply with the obligations established in this contract or any legal provision, license, regulation, directive, code of practice or policies that are applicable to it.

When THE PROVIDER exercises any of its rights or powers under this Clause, such exercise shall not prejudice or affect the exercise of any other right, power or remedy that may be available to THE PROVIDER.

13. WARRANTIES AND RETURNS

The guarantees will respond to what is regulated in the Title referring to "Guarantees and after-sales services" of Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws, which you can access by clicking here

If you wish to customize this section, you must ensure that it is worded in accordance with the regulations in the WARRANTIES AND AFTER-SALES SERVICES section of Legislative Royal Decree 1/2007.

14. APPLICABLE LAW AND JURISDICTION

These conditions will be governed or interpreted in accordance with Spanish legislation in that which is not expressly established. Any controversy that may arise from the provision of the products or services that are the subject of these Conditions will be submitted to the courts and tribunals of the USER's domicile, the place of fulfillment of the obligation or the place where the property is located if it is real estate.