General conditions of use and contracting.
1. Legal information of the Holder.
In compliance with Law 34/2002 on Services of the Information Society and Electronic Commerce (LSSICE), the following legal aspects of our website are reported:
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Web: |
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Titular: |
GRESLAND CERAMIC, S.L. (en Adelante MATCARRELAGE) Inscrito en el registro mercantil de Girona en el Tomo GI-50139 hoja 223 |
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Domicilio: |
MATCARRELAGE.com, N-II km. 765 Biure, 17723 Girona (España) |
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C.I.F: |
B55075220 |
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Teléfono: |
(+0034) 872.004.200 |
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Correo electrónico: |
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Datos registrales: |
_____________________________________________ |
2. Purpose and scope of application.
The purpose of these General Conditions of use and contracting is to regulate the availability of the information provided on the website, as well as the legal relationship that emanates from the contracting processes carried out between users and the owner of the website.
3. User condition and acceptance.
Access, use and browsing of the website confer the condition of "User" to the visitor and imply acceptance, without reservations of any kind, of the Legal Notice and Conditions of Use. Access to the website is free.
The registration of the User through the form reserved for this purpose on the website confers the condition of "Registered User" and implies, in addition to what is specified above, the express acceptance of the Privacy Policy.
The contracting of any product and/or service confers the condition of "Client" and must know and accept the General Contracting Conditions included in this text, as well as, where appropriate, the Particular Conditions that govern the acquisition.
Only people over 18 years of age are authorized to use the electronic commerce services through the website.
By accepting the General Conditions of use and contracting, the Client declares:
1st. That he is a person of legal age and with the capacity to contract.
2nd. That he resides in Spain or in a place governed by Spanish law.
3rd. That you have read and agree to these terms and conditions.
MATCARRELAGE makes the e-mail address info@matcarrelage.com available to Users and Clients so that they can raise any questions about the General Conditions.
4. Modification of the Legal Notice and General Conditions.
MATCARRELAGE may modify the General Conditions without prior notice, so it is advisable that they be read each time you visit the website. These modifications are applicable as of their publication on the website and may not be applied to previously concluded contracts. In any case, the revision date of the General Conditions will appear. Each purchase is governed by the General Conditions in force on the date of the order. In any case, before any contracting process, the General Conditions may be consulted.
5. Responsibility of MATCARRELAGE.
The products and services presented on the website are in accordance with Spanish law. Access to the website will be voluntary, and, therefore, the responsibility of the user, who will be responsible for any direct or indirect effect that derives from the use of the website, including, but not limited to, any economic result. , technical and/or adverse legal, as well as the disappointment of the expectations generated by our website, forcing the user to keep MATCARRELAGE harmless for any claims derived, directly or indirectly, from such events.
MATCARRELAGE is not responsible for the damages that may arise from interference, omissions, interruptions, computer viruses, breakdowns and/or disconnections in the operational functioning of this electronic system or in the devices and computer equipment of users, caused by external causes. to MATCARRELAGE, that prevent or delay the provision of services or navigation through the store, or delays or blockages in use caused by deficiencies or overloads of the Internet or other electronic systems, or the impossibility of providing the service or allow access for reasons not attributable to MATCARRELAGE, due to the user, third parties, or cases of force majeure. MATCARRELAGE does not control, in general, the use that users make of the website. In particular, MATCARRELAGE is not responsible in any case for users using the website in accordance with the law, these General Conditions, morality and generally accepted good customs and public order, nor that they do so diligently and prudently.
The civil liability of MATCARRELAGE for the products supplied is limited to the amount thereof, the user or consumer waives claiming any liability to MATCARRELAGE for any concept in any case of dissatisfaction with the products purchased through this website as well as possible failures, slow access or errors in accessing it, including loss of data, or other information that may exist in the computer or network of the user who accesses MATCARRELAGE.
6. Obligations of clients and users.
In general, the user is obliged to comply with these General Conditions, as well as to comply with the special warnings or instructions for use contained therein or on the website and always act in accordance with the law, good customs and the requirements of good faith, using due diligence, and refraining from using the website in any way that may prevent, damage or deteriorate its normal operation, the goods or rights of MATCARRELAGE, its suppliers, the rest of the users or in general of any third. Access to and use of the portal by minors without the express consent of their parents is prohibited. MATCARRELAGE is not responsible for the veracity and accuracy of the data filled in by the user and therefore cannot verify their age.
Specifically, and without implying any restriction to the previous section during the use of the website, the user is obliged to:
a) Provide truthful information about the data requested in the user registration or order form, and keep them updated.
b) Not to introduce, store or disseminate on or from the website, any information or material that is defamatory, insulting, obscene, threatening, xenophobic, incites violence or discrimination based on race, sex, ideology, religion or that in any way that violates morality, public order, fundamental rights, public freedoms, honor, privacy or the image of third parties and, in general, current regulations.
c) Do not enter, store or disseminate through the store page any program, data, virus, code, or any other electronic or physical device that is likely to cause damage to the website, in any of the services, or in any of the the equipment, systems or networks of MATCARRELAGE, of any other user, of MATCARRELAGE providers or in general of any third party.
d) Diligently save the "username" and "password" provided by MATCARRELAGE, assuming responsibility for any damages that may arise from improper use thereof.
e) Not to carry out advertising or commercial exploitation activities through the website, and not to use its contents and information to send advertising, or send messages for any other commercial purpose, or to collect or store personal data of third parties, unless there is express authorization.
f) Do not use false identities, nor supplant the identity of others in the use of the website or in the use of any of its services, including the use, where appropriate, of passwords or access codes of third parties or in any other way.
g) Not to destroy, alter, use for their use, disable or damage the data, information, programs or electronic documents of MATCARRELAGE, its suppliers or third parties.
h) Do not enter, store or disseminate through the store page any content that infringes intellectual property rights, industrial rights or business secrets of third parties, nor in general any content of which you do not hold, in accordance with the law, the right to put it available to a third party.
i) Respect all the recommendations of the manufacturers of the products supplied by MATCARRELAGE.
The customer agrees to enable the delivery of the requested order by providing a delivery address where the requested order can be delivered within the usual hours of delivery of goods. In case of non-compliance by the client with this obligation, MATCARRELAGE will not have any responsibility for the delay or impossibility of delivery of the order requested by the client.
7. Realización del pedido.
Se señalan los pasos a seguir para realizar el proceso de compra:
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Paso 1 |
Acceder al website |
Para realizar un pedido es necesario conectarse al website. |
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Paso 2 |
Registro del Usuario |
Register as a user, completing the electronic form that appears at any time on the website of the online store and following the instructions indicated therein. |
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Paso 3 |
Llenar cesta de la compra |
After registration, and to proceed with the purchase of products, the User must add the product they wish to purchase to the basket, according to the instructions on the screen. Check stock previously. The prices and offers presented on the website are valid solely and exclusively for online orders. |
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Paso 4 |
Validar compra |
Completing for this purpose the order forms provided (Invoicing data, Type of shipment, Delivery data, Payment method and Order) and validating the purchase. The validation of the order by the Client expressly implies knowledge and acceptance of these General Conditions of Contract as part of the conclusion of the contract. Unless proven otherwise, the data recorded by MATCARRELAGE constitute proof of the set of transactions carried out between MATCARRELAGE and its clients. MATCARRELAGE will file the electronic document in which the contract is formalized and it will be accessible. Once the purchase has been made and as soon as possible, always within 24 hours from the execution of the purchase, MATCARRELAGE will send the Customer a proof of purchase by e-mail. If you do not agree with the information contained in said confirmation, you may request their modification or cancellation of the contract. |
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Paso 5 |
Pago |
Selection of the payment method and making it through the corresponding gateway. |
8. Product availability.
The selection of products offered through the website is valid as long as the products are visible on the website, with the limits of available stock. As it is electronic commerce, the stock is updated online, so it could happen, eventually, that during the purchase process the stock runs out, not being able, therefore, in these cases, to continue with the sale started.
The deadlines are calculated on working days -from Monday to Friday- since MATCARRELAGE does not carry out expeditions on holidays, Saturdays, or Sundays. In the event that there is any stock outage or occasional unavailability of an item, MATCARRELAGE will contact the Client to notify him immediately and give him a new delivery period or, if it is not possible to serve said product, proceed to cancel it.
9. Prices.
The prices indicated on the website include VAT. During the purchase process, the amount corresponding to the tax burden will appear broken down according to the rate in force at any time and applicable to the products and/or services marketed.
10. Transportation and shipping costs.
Shipping and/or management costs are not included in the price and will be shown to the Customer before finalizing their purchase, depending on the shipping address of each order. The Client will be able to select the desired shipping method.
The amount of the transport will be included in the Client's invoice, and determined by the tables in our transport section, which the Client can calculate before finalizing his purchase.
11. Payment.
MATCARRELAGE proposes various means of payment so that the Client can choose the one that suits him best or best suits his needs:
Payment by Credit Card: Visa and Master Card have developed a system to safely make payments on the Internet. The Secure Electronic Commerce system is based on the Card Issuer (bank or savings bank) identifying the cardholder before authorizing the payment over the Internet.
MATCARRELAGE adheres to this security protocol, so once you have selected the product to buy and entered your card number, an Issuer window opens that asks for your identification, displaying one of the following icons:
Your card details and password are protected by this security system from the moment they are entered. Once the identification is completed, the Issuer informs MATCARRELAGE that the purchase is being made by the cardholder, so that the cardholder can complete the process. If the identification has not been satisfactory, the Issuer informs MATCARRELAGE so that it can proceed accordingly.
This window is out of the control of MATCARRELAGE, and any incident that may arise with it is the responsibility of its Issuer, and it must contact said entity if it finds itself in this situation.
MATCARRELAGE reserves the right to reject any operation carried out with a credit card. In this case we will proceed to refund the cash on the original card. In these cases and if the Client is interested in progressing in the purchase of the items, we will request a bank transfer.
Paypal account: it is the global leader in online payments and it is basically a secure payment system in which the user opens an account in the system that later allows him to make payments in many online stores around the world, using his Credit or debit card. Paypal will be the only one that will have the Client's bank details, being an intermediary between the Client and MATCARRELAGE. This form of payment is immediate, at the moment in which the Client makes the payment, MATCARRELAGE receives it by processing his order (after verifying that the data is correct). To register or obtain more information visit www.paypal.es, Paypal site for Spain. These links are external and link to pages with their own conditions of use and/or privacy
Payment with bank transfer
In case of non-payment by the Client, total or partial, on the due date agreed for one or more shipments of products, MATCARRELAGE may suspend or cancel any pending shipment or Contract, without incurring liability for any damages or losses, including profit loss, or damages due to delay or loss of production caused to the Client. The previous faculty of MATCARRELAGE will in no case release the Client from his contractual obligations in relation to the payments owed and the reception of products.
12. Shipping methods and terms. (ADJUST ACCORDING TO COMPANY).
· Shipment of the package.
As a general rule, packages are shipped within 48 hours of receipt of payment, via UPS with tracking number and delivery without signature. If you prefer certified shipping via UPS Extra, an additional charge will apply. Please contact us before requesting this option. Whichever shipping method you choose, we will provide you with a link so you can track your order online.
Shipping costs include handling and packaging costs, as well as postage costs. Handling charges have a fixed price, while transport charges may vary depending on the total weight of the package. We advise you to group all your items in the same order. We cannot combine two different orders, and shipping costs will apply for each one individually. We are not responsible for any damage to your package after shipment, but we do our best to protect all fragile items.
The boxes are large and your items will be well protected.
·Shipping methods.
a) Pick up in store.
b) Home delivery: To carry out the transport and delivery of shipments, we have the transport agency UPS. It is not possible to agree delivery times. It will be delivered to the indicated address no later than the fifth business day after order confirmation. The courier does not deliver on Saturdays, Sundays, or holidays. In the event that the customer detects any problem at the time of delivery of his order (damaged packaging, missing or damaged products), he must indicate it in writing on the carrier's delivery note, and notify MATCARRELAGE via email info @matcarrelage.com within 7 days of receipt.
In the event of a delay in the reception or withdrawal of the merchandise by the Client, MATCARRELAGE will be empowered to store the merchandise, at the Client's risk and expense, in its facilities or in those of a third party and the Client will be obliged to payment of expenses caused to MATCARRELAGE.
To ensure privacy, all packages are discreetly packed and covered in plain wrapping with only our address, no logo. *(In periods of high volume of work, for example, in the Sales season, it is possible that the delivery of your order is made in 7-10 business days). If any of the requested items is temporarily out of stock, we will send it to you as soon as it is available. In this case, you will not be charged any additional amount for shipping and packaging costs.
13. Change and cancellation of orders. (ADJUST ACCORDING TO COMPANY)
The order will include an item return form as well as a returns label. You must keep a receipt issued by the Post Office that proves the shipment of your package to MATCARRELAGE, since we are not responsible for it until we have received it.
After receiving the item, we will process it within 5 business days. In the event that you have requested a refund, the payment will be made using the same payment method that was used to purchase it. If what is required is a different item, it will be necessary to request a refund and place a new order.
When ordering online or by mail, in addition to the benefit of our 14-day return or exchange policy, you also have certain rights as a consumer. In accordance with the Directive on Consumer Rights (which replaces the Regulation on Distance Selling), if it is decided to return all the items of an order, MATCARRELAGE assumes the costs of standard postage and packaging as long as you contact via email in the 14 days after receipt of your order, to inform about the desire to return them.
When canceling an order under the CRD, it is your responsibility to return the items, for which you can use the POSTAGE PAID returns label included with your order. We suggest that you keep the receipt issued by the Post Office that proves the shipment made (only for UK customers). You do not need to inform us if the return of the order that you are going to make through our standard service, within 14 days of receiving the order, is partial.
For its part, MATCARRELAGE may not substitute a product or product model without prior consultation with the Client. If it were the case that for reasons beyond MATCARRELAGE, the supply of the order was not possible, the Client will be offered the possibility of exchanging it for a substitute product with similar characteristics, giving the Client the right to cancel the order.
In case of canceling an order once it has already been confirmed and sent, the Client will have to bear the transport and processing costs that it has caused.
19. Right of withdrawal.
The merchandise that you have requested in your order has been verified by the corresponding manufacturer in terms of quality and condition. If the customer has questions regarding the use of the product, please contact us.
At the time of delivery, make sure that the received package is externally in good condition, completely closed and without signs of tampering. Otherwise, note this fact on the carrier's delivery note, reject the shipment and notify MATCARRELAGE in writing as soon as possible.
Both in the case of returns due to withdrawal of purchase or because the product presents some lack of conformity, we ask you to follow the instructions indicated below for a correct and agile processing.
14. Withdrawal.
You have the right to withdraw from this contract within a period of 14 business days without the need for justification. The withdrawal period will expire 14 business days from the day that you or a third party indicated by you, other than the carrier, acquired physical possession of the goods.
To exercise the right of withdrawal, you must notify MATCARRELAGE in writing of your decision to terminate the contract by contacting MATCARRELAGE, N-II km. 765 Biure, 17723 Girona (Spain) by letter, fax or e-mail (info@matcarrelage.com).
To comply with the withdrawal period, it is sufficient that the communication regarding the exercise by you of this right is sent before the expiration of the indicated period of 14 business days.
15. Consequences of withdrawal
In case of withdrawal on your part, all payments received will be returned to you without undue delay and, in any case, no later than 14 calendar days from the date of receipt of the returned good at the MATCARRELAGE facilities. The cost of shipping the merchandise to the MATCARRELAGE facilities will be deducted from this amount as indicated below:
Please follow the Product Return Instructions indicated in this document.
Next we will introduce the withdrawal form.
MODELO DE FORMULARIO DE DESISTIMIENTO
Asunto: Desistimiento del contrato
En__________, a ______/ ________/________
A la atención de:
________________
NIF: _____________________,
Titular de la siguiente página web de comercio online: ____________________
Por medio de la presente, y conforme a lo establecido en el RDL 1/2007, Texto Refundido de la Ley General para la Defensa de los Consumidores y Usuarios y otras leyes complementarias, modificado por la Ley 3/2014, de 27 de marzo pongo en su conocimiento mi voluntad de desistir de nuestro contrato de los siguientes bienes o productos:
Tipo de producto(s) y descripción del/los mismo(s) (incluya, en su caso, el número de referencia):
____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
Nº del pedido:
_____________________________________________________________________________
Fecha en la que se realizó o suscribió el pedido:
___________________________
Fecha de recepción del pedido:
___________________________
Nombre y documento de identidad (DNI/NIE/Pasaporte) del/los consumidor(es) y usuario(s) (se adjunta copia):
_______________________________________________________________________________________________________________________________________________________________________________________________________________________________________
Dirección del/los consumidor(es) y usuario(s):
__________________________________________________________________________________________________________________________________________________________
Teléfono del/los consumidor(es) y usuario(s):
__________________________________________________________________________________________________________________________________________________________
Correo electrónico de/los consumidores(es) y usuario(s):
__________________________________________________________________________________________________________________________________________________________
Nombre y domicilio del destinatario del envío (solo si la dirección es distinta a la del/los consumidor(es) y usuario(s)):
__________________________________________________________________________________________________________________________________________________________
_________________________
Firma del/los consumidor(es) y usuario(s)
(Solo si el formulario se presenta en papel)
RIGHT OF WITHDRAWAL
By virtue of the provisions 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, the consumer has the right to withdraw of the distance contract (by telephone, internet, post, fax, at home, etc.) within 14 calendar days without the need for justification.
The withdrawal period will expire 14 calendar days from the day of the conclusion of the contract, or, as appropriate, from the day that you or a third party indicated by you, other than the carrier, acquired material possession of the goods, or from the last of these acquired goods or of the last of the pieces of the same good acquired by the same order.
The user also has the option of electronically completing and sending the model withdrawal form or any other unequivocal declaration through the ___________________ website. Through this option, the consumer will receive without delay in a durable medium (for example, email) the acknowledgment of receipt of said withdrawal. To comply with the withdrawal period, it is sufficient that the communication regarding the exercise of this right is sent by the consumer before the corresponding period expires.
The exercise of the right of withdrawal will extinguish the obligations of the parties to execute the contract or celebrate it when the consumer has made an offer, so that, in case of respecting the aforementioned conditions, I will reimburse all payments received, including, where appropriate, delivery costs, without undue delay and, in any case, before 14 calendar days have elapsed from the date on which the will of the consumer and user to withdraw from the contract was received. This reimbursement will be made using the same means of payment used by you for the initial transaction, unless you have expressly provided otherwise and as long as you do not incur any expenses as a result of the reimbursement.
The contracts mentioned in article 103 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, are excluded from the right of withdrawal.