1. GENERAL INFORMATION
The ownership of this website, WWW.CALESPASCUAL.COM (hereinafter WEBSITE) is held by the company CALES PASCUAL, SL (hereinafter OWNER), provided with NIF B46157525 which can be contacted by the following means constituting the service of customer service (hereinafter CUSTOMER SERVICE CHANNELS):
- Postal address: Cales Pascual, SL, Carretera Valencia-Ademuz, Km 9.3, L'Andana Industrial Estate , postal code 46980 of Paterna, Valencia, Spain
- Email address: cp@calespascual.com
This document (as well as any other document 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 that the OWNER develops through the WEBSITE includes the commercialization of the products manufactured and / or distributed by the OWNER, as well as the provision of information about said products, other services offered by the OWNER. OWNER and other information about the OWNER that may be of interest to the User.
In addition to reading these Conditions, before accessing, browsing and / or using this website, the User must have read the Legal Notice and the General Conditions of Use, which include the cookie policy, and the privacy and privacy policy. Data Protection.
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 you do not agree with everything this, you must not use this WEBSITE. Also, it is informed 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 when the purchase of products and / or services is requested. For all questions that the User may have in relation to the Conditions, you can contact the owner using the contact information provided above or, if applicable, using the contact form.
2. THE USER
The access, navigation and use of the WEBSITE confers the condition of user (hereinafter referred to, indistinctly, individually as a User or jointly as Users), for which they are accepted, since the navigation of the WEBSITE begins, all the Conditions herein established, as well as their subsequent modifications, without prejudice to the application of the corresponding legal regulations of mandatory compliance as the case may be. The User assumes responsibility for the correct use of the WEBSITE. This responsibility will extend to:
Make use of this WEBSITE only for inquiries and purchases or legally valid purchases.
Do not make any false or fraudulent purchase. If it could reasonably be considered that a purchase of this nature has been made, it could be canceled and the relevant authorities informed.
Provide truthful and lawful contact data, 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. The WEBSITE is governed by the laws of Spain, where the OWNER's headquarters are located. Consequently, the OWNER does not ensure that the WEBSITE complies with the laws of other countries, either in whole or in part. The OWNER declines all responsibility that may derive from said access, nor does it ensure shipments or provision of services outside of Spain. The User may formalize, at his election, with the OWNER the contract for the sale of the desired products and / or services in any of the languages in which these Conditions are available on this WEBSITE.
3. PURCHASE OR ACQUISITION PROCESS
The duly registered Users can buy on the WEBSITE by the established means and forms. They must follow the online purchase and / or acquisition procedure provided by the OWNER, during which several products and / or services can be selected and added to the cart, basket or final purchase space.
Likewise, the User must fill out and / or verify the information that is requested in each step, although, during the purchase process, before making the payment, the purchase data can be modified. Next, the User will receive an email confirming that the OWNER has received their order or request for purchase and / or provision of the service, that is, the order confirmation. And, in your case, you will be informed, also, by email when your order is being processed. In your case, this information may also be made available to the User through your personal space of connection to the WEBSITE. Once the purchase procedure has been completed, the User consents that the WEBSITE generates an electronic invoice that will be sent to the User via email. And, in your case, through your personal space of connection to the WEBSITE. Likewise, the User may, if he wishes, obtain a copy of his paper invoice, requesting it from the OWNER using the contact spaces of the WEBSITE or through the contact information provided above. The User acknowledges to be current, at the time of purchase, certain particular conditions of sale that concern the product and / or service in question and that are displayed next to the presentation or, where appropriate, image of it on your page of the WEBSITE, indicating the details or characteristics of the products and the conditions of the service's benefits; therefore it recognizes that the execution of the purchase order or acquisition materializes the full and complete acceptance of the particular conditions.
Unless expressly indicated otherwise, the OWNER is not the manufacturer of the products sold or that could be marketed on the WEBSITE. Although the OWNER makes great efforts so that the information shown on the WEBSITE is correct, sometimes the packaging and / or the materials and / or the components of the products may contain additional or different information from the one that appears on the WEBSITE . Therefore, the User must not only consider the information provided by the WEBSITE, but also the information available on the labeling, warnings and / or instructions accompanying the product. The communications, purchase orders and payments that intervene during the transactions made on the WEBSITE could be archived and kept in the computerized records of the OWNER in order to constitute a means of proving the transactions, in any case, respecting the reasonable conditions of security and the laws and regulations in force that in this respect are applicable, and particularly in compliance with Spanish Law LOPD (and most recent GDPR) and the rights that assist Users in accordance with the privacy policy of this WEBSITE (Legal Notice and General Conditions of Use).
4. AVAILABILITY
All purchase orders received by the OWNER 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 of the same and / or the Provision of services. If there are difficulties in the supply of products or no products remain in stock, the OWNER agrees to contact the User and refund any amount that may have been paid as an amount. This will be equally applicable in cases in which the rendering of a service becomes unrealizable.
5. PRICES AND PAYMENT
Prices of any kind may not be displayed on the WEBSITE at all. In this case, special conditions may apply for customers who maintain or have established a business relationship with the OWNER, and the payment of orders will be handled by means external to the WEBSITE, according to the agreement between the Client User and owner.
If they are visible, the prices displayed on the WEBSITE are the final ones, in Euros (€) and include taxes, except that due to legal requirements, especially regarding VAT, a different issue is indicated and applied. The shipping costs are included in the final prices of the products as shown on the WEBSITE. Thus, the OWNER carries out the delivery and / or delivery services through its usual channels (own network, transport agencies, freight forwarders, etc. In no case will the WEBSITE add additional costs to the price of a product or a service of automatic, but only those that the User has selected and chosen voluntarily and freely.The prices may change at any time, but the possible changes will not affect the orders or purchases with respect to which the User has already received an order confirmation If available, the means of payment accepted will be: Credit or debit card, and bank transfer, Credit cards will be subject to checks and authorizations by the issuing bank, if the bank does not authorize the payment, The OWNER will not be responsible for any delay or failure to deliver and may not formalize any contract with the User.
Once the OWNER receives the purchase order from the User through the WEBSITE, a pre-authorization will be requested on the corresponding card to ensure there are sufficient funds to complete the transaction. The charge on the card will be made at the moment in which the User is sent the confirmation of delivery and / or confirmation of the service provided in the form and, where appropriate, established place. In any case, by accepting these conditions, the User confirms that the payment method used is his or that, in his case, he is the legitimate holder of the gift card or the credit card. Purchase or purchase orders in which the User selects as a means of payment "bank transfer" will be reserved for 5 calendar days from the order confirmation in order to leave enough time for the bank transfer to be taken into account by the payment system used by the OWNER for the WEBSITE. When the system receives the transfer, the order will be prepared and managed for shipment. 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 reference of the transfer. In case of error, the OWNER can not validate the order, which will be canceled.
6. DELIVERY
In those cases in which the physical delivery of the contracted goods is carried out, the deliveries shall be processed without undue delay within a maximum period of 14 days from the date on which the contract is considered terminated, except for delays explicitly agreed between the parties. 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 him / her. For the purposes of these Conditions, it will be understood that the delivery has taken place or that the order has been delivered at the moment in which the User or a third party indicated by the User acquires the material possession of the products, which will be accredited through the signature of the reception of the order at the agreed delivery address. The risks that the products could derive will be borne by the User from the moment of delivery. The User acquires ownership of the products when the OWNER receives full payment of all amounts owed in relation to the purchase or acquisition made, including shipping costs, or at the time of delivery, if it takes place in a moment after the complete receipt of the amount object of payment by the OWNER. In accordance with the provisions of Spanish Law 37/1992, de 28 de diciembre, del Impuesto sobre el Valor Añadido (VAT), purchase orders for delivery and / or provision shall be understood to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory except Canarias, Ceuta and Melilla. The applicable VAT rate will be the legally valid one at all times depending on the specific article in question.
7. TECHNICAL MEANS TO CORRECT ERRORS
The User is informed that if he detects that an error has occurred when entering necessary data to process his purchase request on the WEBSITE, he may modify them by contacting the OWNER through the contact spaces enabled on the WEBSITE and / or using the CUSTOMER SERVICE CHANNELS. Likewise, this information could also be corrected by the User through his personal space of connection to the WEBSITE. In any case, the User has access to the space, cart, or basket where they are writing down their purchase requests and can make changes. Likewise, 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 as established in Spanish Law 15/1999, del 13 de diciembre, sobre Protección de Datos de Carácter Personal, and its most recent General Data Protection Rules (GDPR).
8. RETURNS
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 they are 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 desist 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 the User or a third party authorized by it, other than the carrier, acquired the material possession of the goods acquired on the OWNER'S WEBSITE or in the case that the goods that make up its orders are delivered separately, 14 calendar days from the day the User or a third party authorized by it, other than the carrier, acquired the 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 the OWNER of his decision. You may do so, where appropriate, through the contact spaces enabled on the WEBSITE or through the CUSTOMER SERVICE CHANNELS.
The User, regardless of the means he chooses to communicate his decision, must express clearly and unequivocally that it is his intention to desist from the purchase contract. To comply with the withdrawal period, it is enough that the communication that unequivocally expresses the decision to desist is sent before the corresponding deadline expires. In case of withdrawal, the OWNER will reimburse the User for all payments received, including shipping costs (with the exception of the additional expenses chosen by the User for a different mode of delivery to the less expensive mode offered on the WEBSITE) without no undue delay and, in any case, no later than 14 calendar days from the date on which the OWNER is informed of the decision to withdraw by the User. The OWNER will reimburse the User using a payment method that does not generate any additional cost to the User. However, the OWNER may withhold said reimbursement until the products or articles of the purchase have been received, or until the User presents proof of the return of the same . The User may return or send the products to the OWNER at the shipping address established by the OWNER, and must do so without undue delay and, in any case, no later than within 14 calendar days from the date on which The OWNER was informed of the decision to withdraw. The User accepts that he must assume the direct cost of return (transportation, delivery) of the goods, if any were incurred. In addition, it will be responsible for the decrease in the value of the products resulting from handling other than that necessary to establish the nature, characteristics and operation of the goods.
The User acknowledges that there are exceptions to the right of withdrawal, as set out in article 103 of Spanish Law RDL 1/2007, del 16 de noviembre ¡, which approves the revised text of the Ley General de Defensa de los Consumidores y Usuarios and other complementary laws. Enunciatively, and not exhaustively, this would be the case of: personalized products; products that can deteriorate or expire quickly; Music or video CDs / DVDs without their packaging, as sealed at the factory; products that for health or hygiene reasons are sealed and have been unsealed after delivery. In this same sense, the provision of a service that the User could contract in this WEB SITE is governed, since this same Law establishes that the Right of withdrawal will not attend the Users when the provision of the service has been completely executed, or when it has begun. , with the express consent of the consumer and user and with the acknowledgment on his part that he is aware that, once the contract has been completely executed by the OWNER, he will have lost his right of withdrawal. In any case, no refund will be made if the product has been used beyond the mere opening of this, of 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 original packaging, instructions and other documents that accompany them, as well as a copy of the purchase invoice.
Return of defective products or error in shipping:
It deals with all those cases in which the User considers that, at the time of delivery, the product does not conform to the stipulations of the contract or purchase order, and that, therefore, he should contact the OWNER immediately and let you know the existing disagreement (defect / error) by the same means or 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 these . The refund or replacement of the products 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 applicable. 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 could have incurred to make the return. The refund will be made by the same means of payment that the User used to pay for the purchase. In any case, it will always be the rights recognized in the current legislation at all times for the User, as consumer and user.
Guarantee:
The User, as consumer and user, has guarantees about the products that can be acquired through this WEBSITE, under the terms legally established for each type of product, the OWNER responding, therefore, for the lack of conformity of these that is manifested in a period according to law from the delivery of the product. In this sense, it is understood that the products are in accordance with the contract as long as: they conform to the description made by the OWNER and have the qualities presented in it; be suitable for the uses to which products of the same type are ordinarily destined; and present the usual quality and benefits of a product of the same type and that are fundamentally expected of it. When this is not the case with respect to the products delivered to the User, they must proceed as indicated in the section Return of defective products or error in the shipment. However, some of the products that are marketed on the WEBSITE, could present nonhomogeneous characteristics as long as they derive from the type of material with which they were manufactured, and that therefore will be part of the individual appearance of the product, and they will not be a defect. On the other hand, it could be the case that the User acquires on the WEBSITE a product of a brand or manufacturing by a third party. In this case, and considering the User that it is a defective product, this also has the possibility of contacting the brand or manufacturer responsible for the product to find out how to exercise their right of legal guarantee directly against them during the two years following 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
Unless otherwise provided by law, the OWNER shall not accept any responsibility for the following losses, regardless of their origin:
- Any losses that were not attributable to any breach on your part.
- Business losses (including lost profits, income, contracts, expected 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 between both parties was formalized. Likewise, the OWNER also limits his responsibility in the following cases:
- The OWNER applies all the measures concerning to provide a faithful display of the product on the WEBSITE, however , he is not responsible for the minimum differences or inaccuracies that may exist due to lack of resolution of the screen, or browser problems that are used or others of this nature.
- The OWNER shall act with the utmost diligence 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 reasons such as strikes, road retentions, and in general any other specific to the sector, resulting in delays, losses or theft of the product.
- Technical failures that due to fortuitous causes or of other nature, prevent a normal operation of the service through the internet. Lack of availability of the WEBSITE for maintenance or other reasons, which prevents the service from being available. The OWNER puts all the means at their disposal for the purpose of carrying out the process of purchase, payment and delivery / delivery of the products, however is exempted from liability for causes that are not attributable to him, fortuitous event or force majeure.
- The OWNER will not be responsible for the misuse and / or wear of the products that have been used by the User. At the same time, the OWNER will not be responsible for an erroneous return made by the User. It is the responsibility of the User to return the correct product.
- In general, the OWNER will not be responsible for any breach or delay in the fulfillment of any of the assumed obligations, when it is due to events that are out of our reasonable control, that is, due to force majeure, and this may include, without limitation mode but not exhaustive: o Strikes, lockouts or other industrial action. o Civil commotion, revolt, invasion, threat or terrorist attack, war (declared or not) or threat or war preparations. o Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster. o Impossibility of the use of 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 cause of force majeure continues, and the OWNER will have an extension in the term to comply for a period of time equal to the duration of the force majeure. The OWNER 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 the OWNER are electronic (email or notices published on the WEBSITE). For contractual purposes, the User consents to use this electronic means of communication and recognizes that all contracts, notifications, information and other communications that the OWNER sends electronically comply with the legal requirements of being in writing. This condition will not affect the rights recognized by law to the User. The User can send notifications and / or communicate with the OWNER through the contact data provided in these Conditions and, where appropriate, through the contact spaces of the WEBSITE. Likewise, unless otherwise stipulated, the OWNER can contact and / or notify the User through the CUSTOMER SERVICE CHANNELS.
11. RESIGNATION
No waiver of the OWNER to a specific right or legal action or lack of requirement by the OWNER of strict compliance by the User of any of its obligations shall mean, or a waiver of other rights or actions arising from a contract or the Conditions, or the User will be exempt from the fulfillment of his obligations. No waiver of the OWNER to any of these Conditions or rights or actions arising from a contract shall take effect, unless it is expressly stated that it is a waiver and formalized and communicated to the User in writing.
12. NULLITY
If any of these Conditions were declared null and void by a final decision issued by a competent authority, the rest of the clauses will remain in force, without being affected by said declaration of nullity.
13. COMPLETE AGREEMENT
These Conditions and any document to which express reference is made in these constitute the entire agreement between the User and the OWNER 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 the OWNER acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except that which is expressly mentioned in these Conditions.
14. DATA PROTECTION
The information or personal data that the User provides to the OWNER 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 is true.
15. APPLICABLE LEGISLATION AND JURISDICTION
The access, navigation and / or use of this WEBSITE and the contracts of purchase of products through this 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 sale contracts between the OWNER and the User, will be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.
16. CLAIMS AND COMPLAINTS
The User can send the OWNER his complaints, claims or any other comment he wishes to make through the contact information provided at the beginning of these Conditions (General Information). In addition, the OWNER has official complaint forms available to consumers and users, and they can request the OWNER at any time, using the contact information provided at the beginning of these Conditions (General Information). Also, if the conclusion of this purchase contract between the OWNER and the User emanates a dispute, 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 the Council, of May 21, 2013, on resolution of online litigation in consumer matters. You can access this method through the WEBSITE: http://ec.europa.eu/consumers/odr/.
info @ pascualafriqueexport . com
T. +34. 96 132 12 73
| Customer service: | |
|---|---|
| Monday to Friday (summer time) | 06:00-14:00 |
| Monday to Thursday | 08:00-14:00 |
| 15:00-18:00 | |
| Friday | 07:00-15:00 |
