Concept and production:
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This contractual document will govern the contracting of products and services through the website www.massieushop.com, property of Massieu, hereinafter referred to as the PROVIDER.
The acceptance of this document implies that the USER:
- Has read, understands and understands what is exposed here.
- Is a person with sufficient capacity to contract.
- Assumes all the obligations set forth herein.
These conditions will have an indefinite period of validity and will be applicable to all the contracts made through the PROVIDER's web site.
The PROVIDER informs that the commerce 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 acquired prior to the modification.
Identity of the contracting parties
On the one hand, the supplier of the goods or services contracted by the USER is Massieu, with registered office at Plaza harrobieta 13 (San Sebastian), with customer service phone number / USER +34654244981.
And of the other, the USER, registered in the website by means of a user name and password, over which he has full responsibility for the use and custody, and is responsible for the veracity of the personal data provided to the PROVIDER.
Object of the contract
The present contract has the purpose of regulating the contractual relationship of sale and purchase born between the PROVIDER and the USER at the moment in which the latter accepts during the process of online contracting the corresponding box.
The contractual relationship of purchase-sale entails the delivery, in exchange for a determined price and publicly exposed through the website, of a specific product or service.
The USER will select a user name and a password, committing to make a diligent use of them and not to make them available to third parties, as well as to communicate to the PROVIDER the loss or theft of them or the possible access by an unauthorized third party, so that the latter can proceed to the immediate blocking.
Once the user account has been created, it is informed that in accordance with the requirements of Article 27 of Law 34/2002, of Services of the Information Society and Electronic Commerce (LSSICE), the contracting procedure will follow the following steps:
1. General contracting clauses.
2. Sending orders.
3. Right of withdrawal.
5. Force majeure.
7. Generalities of the offer.
8. Price and term of validity of the offer.
9. Transport costs.
10. Method of payment, costs and discounts.
11. Purchase process.
12. Applicable guarantees.
13. Warranties and returns.
14. Applicable law and jurisdiction.
1. GENERAL CONTRACT CLAUSES
Unless otherwise stipulated in writing, the placing of an order with the PROVIDER will imply the acceptance by the USER of these legal conditions. No stipulation made by the USER can differ from those of the PROVIDER if it has not been expressly accepted in advance and in writing by the PROVIDER.
Any User who registers with the Website must be at least eighteen (18) years old.
2. SENDING ORDERS
Shipments are made by courier service.
Shipping costs include in all cases the Value Added Tax (VAT), but no other taxes, fees, duties or surcharges.
Shipping is understood to be the delivery of the items to the address specified by the Customer during the order process, limited to the delivery areas listed above.
Massieu delivers the orders to the courier service within a maximum period of 48 hours. We are not responsible for possible delivery delays caused by the courier service.
The PROVIDER will not send any order until it has checked that payment has been made.
Shipments to Spain (peninsula) take approximately 1 to 5 working days (Monday to Friday) once payment has been confirmed by the Client. In international shipments the delivery time can be 4 to 10 working days (Monday to Friday), depending on the destination and the transport company indicated. Once the package is delivered to the courier service, the Customer will receive an sms or e-mail with the tracking number of the shipment. We are not responsible for possible delivery delays caused by the courier service.
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 to have taken place when the carrier has made the products available to the USER and the USER, or the USER's delegate, has signed the document of receipt of the delivery.
It is the responsibility of the USER to verify the products upon receipt and to expose all the reservations and complaints that may be justified in the document of receipt of the delivery.
In the case that the hiring does not involve the physical delivery of any product, being these directly downloaded from the website, the PROVIDER will previously inform the USER about the procedure to be followed to carry out this download.
3. RIGHT OF WITHDRAWAL
The USER has the same rights and deadlines to proceed with the return and/or claim for any possible defects or faults in the product or service, both online and offline.
The USER has a period of fourteen calendar days from the date of receipt of the product to return it (Article 71 of Law 3/2014 of 27 March). Unless the return is due to a defect in the product, the costs related to the shipping will be assumed by the USER. The product must be returned in its original packaging and in perfect condition.
The right of withdrawal cannot be applied in the following cases:
1. If the product is not in perfect condition.
2. If the product packaging is not the original or is not in perfect condition. The original packaging must protect the product so that it is received in perfect condition. The use of seals and adhesive tapes applied directly to the product is prohibited.
3. When the product is opened without being able to prove that it has not been used.
4. In software applications that are directly downloaded through the portal.
5. When they are personalized products or those, that for reasons of hygiene or other legally foreseen exceptions, are not susceptible to this right. All returns must be communicated to the PROVIDER. For this purpose, we only ask you to notify us in writing through an e-mail to Massieu_shop@gmail.com indicating the necessary data to locate the purchase. For our part, at the time we receive your mail, we will communicate, by e-mail, the receipt of it, indicating the process to follow. In this case, you must send us the products in perfect condition, no later than 14 calendar days after receipt of the products. In these cases Massieu will reimburse the customer for all the expenses of the original purchase. However, the customer will assume the direct cost of returning the products.
Any claim that the USER considers appropriate will be dealt with as soon as possible, and can be made at the following contact addresses:
A complaint form is available to customers and can be requested by writing to firstname.lastname@example.org.
Likewise, any doubt, suggestion or comment can be addressed to our Customer Service department by email at email@example.com, by telephone at +34654244981 (opening hours are Monday to Friday from 08:00 to 20:00).
Online Dispute Resolution
In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for the resolution of online conflicts between the USER and the PROVIDER, without the need to resort to the courts of law, through the intervention of a third party, called the Dispute Resolution Body, which acts as an intermediary between the two. This organism is neutral and will dialogue with both parties to reach an agreement, being able finally to suggest and/or impose a solution to the conflict.
Link to the ODR platform: http://ec.europa.eu/consumers/odr/
In the event that, due to circumstances of force majeure, a product is not available after the purchase has been made, Massieu will inform the User by email of the total or, if applicable, partial cancellation of the order. The partial cancellation of the order does not give the right to cancel the entire order, without prejudice to the exercise of the right of withdrawal that corresponds to the User in accordance with the provisions of these Conditions. Massieu is not responsible for delays in the delivery of orders, or the impossibility of carrying them out when the cause is due to an event of force majeure, and therefore beyond our control. Among other causes, we understand that force majeure exists in the following cases, but without limitation: accidents; strikes; riots, threats or terrorist attacks; fire or explosion; weather causes or natural disasters such as storms, floods, earthquakes, subsidence, epidemics; problems beyond our control in means of transport or telecommunication systems. As far as possible, once the cause of impossibility or delay is over, Massieu will do everything possible to resume its business activities in order to fulfill its obligations and shipments.
The USER may not assign, transfer or convey the rights, responsibilities and obligations contracted in the sale.
If any provision of these conditions were considered void or impossible to comply with, the validity, legality and compliance of the rest will not be affected in any way, nor will they be modified in any way.
The USER declares to have read, known and accepted these General Conditions in their entirety
7. GENERALITIES OF THE OFFER
All sales and deliveries made by the PROVIDER will be understood to be subject to these General Conditions.
No modification, alteration or agreement contrary to Massieu's Commercial Proposal or here stipulated will have effect, unless expressly agreed in writing and signed by the PROVIDER, in which case these particular agreements will prevail. Given the continuous technical advances and improvements of the products, the PROVIDER reserves the right to modify its specifications regarding the information provided in its advertising, until the value of the products offered is not affected. These modifications will also be valid in the case that, for any reason, the possibility of supplying the products offered is affected.
8. PRICE AND PERIOD OF VALIDITY OF THE OFFER
The prices indicated for each product include Value Added Tax (VAT) or other taxes that may be applicable. These prices, unless expressly indicated otherwise, do not include shipping costs (free for Spain from 2 articles), handling, packaging, shipping insurance or any other additional services and annexes to the product or service purchased.
The prices applicable to each product are those published on the website and will be expressed in EURO currency. The USER assumes that the economic valuation of some of the products may vary in real time.
Before making the purchase you can check online all the details of the budget: articles, quantities, price, availability, transport costs (free for Spain from 2 articles), charges, discounts, taxes and the total of the purchase. Prices may change daily until the order is placed. The products will be sold at the price indicated, being valid the one collected at the moment of the confirmation of the order by the client.
Once the order is placed, prices will be maintained whether or not there is availability of products.
Any payment made to the PROVIDER implies the emission of an invoice in the name of the registered USER or of the company name that the latter has informed at the time of placing the order. This invoice will be sent together with the purchased product, as well as in PDF format to the e-mail address provided by the USER.
For any information about the order, the USER can contact the PROVIDER's customer service phone number: +34654244981 or via e-mail to firstname.lastname@example.org.
9. TRANSPORT COSTS
The prices do not include shipping or communication costs, nor installation, or additional services, unless otherwise agreed in writing.
The shipping costs will be calculated at the moment of saving the basket or estimate, since they are calculated by the weight of the products and by the delivery address.
- National and Peninsular Shipping: FREE
- Shipments to the Balearic Islands: FREE
- International Shipping: from 14.95
The Canary Islands, Ceuta and Melilla are not part of the EU customs territory, so shipments may be subject to taxes and/or customs duties. In most cases, the fees are charged at the time of delivery of the package, although it is possible that the Customer receives a notification by mail asking him to personally go to pay these fees in order to receive the package. The amount of fees may vary depending on the weight/amount of the package. In the case of shipments to the Canary Islands, Massieu includes in the cost of the shipment the administrative management costs, but does not include the IGIC; the recipient must pay it at the time of delivery.
11. PURCHASE PROCESS
To proceed with the purchase of the product, the User, who must be over eighteen (18) years old, must select the product he wishes to buy and add it to the Cart. Once completed the selection of products to be purchased, the user must click on the icon "Checkout". Next, the products selected for purchase will be indicated and the User will have to select between the available options for the shipment of the products to the indicated direction and the form of payment of such. Finally, the user will have to press the icon "Complete the order".
The data provided to Massieu through the corresponding form are identifying and enabling elements to access and make purchases and are personal and non-transferable.
12. APPLICABLE GUARANTEES
All our products have a two (2) year guarantee in accordance with the criteria and conditions described in the Royal Legislative Decree 1/2007 of 16 November, which approved the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, provided that the damage or defect is attributable to us.
Therefore, if the product is defective, Massieu will be responsible for collecting it and exchanging it for the correct one, taking on the costs associated with this return and exchange (with the exception of those additional costs resulting from choosing an urgent delivery method, in which case the Client must assume this extra cost).
In order to manage the incident we need you to notify us by email to email@example.com indicating:
The reason for the incident, the order number (essential to locate the purchase), the delivery note and photos of the damaged or wrong product so that we can assess the situation. If it is an electronic product where the customer has entered personal data is the obligation of the customer to return the product without any information, content or personal data that identifies or can identify including third parties. To exercise the right of warranty, must have proof of purchase or delivery note.
Once we receive this information, we will contact the Customer to explain the steps to follow. You must inform us of the lack of conformity of the product within two (2) months from the time you knew about the defect. If it is not objectively possible to replace the product by another of the same kind, Massieu will proceed to refund the price of it.
It is important to know that our guarantee does not cover:
a) Negligent or violent use of the product.
b) Damages derived from the manipulation or intervention of the product.
In addition, it is equally important that you follow at all times the possible instructions for use or installation of the products that we provide, and in case of doubt, you should contact us by email at firstname.lastname@example.org to receive advice on the use of the product.
All products offered through the website are completely original, unless otherwise indicated in their description.
13. GUARANTEES AND RETURNS
The guarantee of the offered products will respond to the following articles based on the Law 23/2003 of July 10 of Guarantees of sale of consumer goods:
I) Conformity of the products with the contract
Unless proved otherwise, the products shall be deemed to be in conformity with the contract provided that they meet all the requirements set forth below, unless the circumstances of the case make it inapplicable:
They comply with the description made by Massieu
They are suitable for the uses to which products of the same type are ordinarily destined.
They are suitable for any special use required by the client when they have made this known to Massieu at the time of concluding the contract, provided that the client has admitted that the product is suitable for this use.
Present the usual quality and performance of a product of the same type that the customer can reasonably expect, taking into account the nature of the product and, where appropriate, the descriptions of the specific characteristics of the products made by Massieu.
Massieu describes the details, technical characteristics and photographs of the products provided by the manufacturer of the same, so that it is not bound by these public statements.
2. The lack of conformity resulting from incorrect installation of the product shall be equated to the lack of conformity of the same when the installation is included in the sales contract and has been carried out by Massieu or under its responsibility, or by the USER when the defective installation is due to an error in the installation instructions.
3. Liability shall not apply to any lack of conformity which the USER is aware of or could not have been unaware of at the time the contract was concluded or which originates from materials supplied by the USER.
II) Responsibility of the PROVIDER
Massieu will respond to the USER for any lack of conformity that exists at the time of delivery of the product. Massieu recognizes the USER'S right to repair the product, to replace it, to reduce the price and to terminate the contract.
III) Repair and Replacement of Products
If the product does not conform to the contract, the USER may choose to have it repaired or replaced, unless one of these options is impossible or disproportionate. From the moment the USER informs Massieu of the option chosen, both parties must comply. This decision by the USER is without prejudice to the provisions of Article IV below for cases in which the repair or replacement fails to bring the product into conformity with the contract.
Any form of remedy that imposes costs on 654244981 that are unreasonable in comparison to the other form of remedy, taking into account the value the product would have if there were no lack of conformity, the significance of the lack of conformity and whether the alternative form of remedy could be carried out without major inconvenience to the USER, shall be considered disproportionate.
IV) Rules of repair or replacement of the product
Repair and replacement shall conform to the following rules:
a) They will be free of charge for the USER
a) They will be free of charge for the USER. This free of charge will include the necessary expenses made to correct the non-conformity of the products with the contract, especially the shipping costs, as well as the costs related to labor and materials.
b) They will be carried out within a reasonable period of time and without major inconvenience for the user, taking into account the nature of the products and the purpose they had for the USER.
c) The repair suspends the calculation of the periods referred to in Article VII. The suspension period will begin from the moment the USER makes the product available to Massieu and will end with the delivery of the repaired product to the USER. During the six months following the delivery of the repaired product, Massieu will be responsible for the lack of conformity that caused the repair. It is presumed that it is the same lack of conformity when defects of the same origin as those initially stated are reproduced in the product.
d) The replacement suspends the periods referred to in Article VII from the exercise of the option until the delivery of the new product. The second paragraph of Article VII shall apply to the replacement product in any case.
e) If, once the repair has been completed and the product has been delivered, it still does not comply with the contract, the USER may demand its replacement, within the limits established in paragraph 2 of Article IV, or the reduction of the price or the cancellation of the contract under the terms of Article V.
f) If the replacement fails to bring the product into conformity with the contract, the USER may demand the repair of the product, within the limits established in paragraph 2 of Article IV, or the reduction of the price or the resolution of the contract in the terms of Articles V and VI.
The USER may not demand replacement in the case of non-expendable products, nor in the case of second-hand products.
V) Price reduction and termination of the contract
The reduction of the price and the termination of the contract will proceed, at the choice of the USER, when the latter cannot demand the repair or replacement of the product and in cases where these have not been carried out within a reasonable period of time or without major inconvenience for the USER. The resolution will not proceed when the lack of conformity is of little importance.
VI) Criteria for price reduction
The price reduction will be proportional to the difference between the value that the product would have had at the time of delivery if it had been in conformity with the contract and the value that the product actually delivered had at the time of delivery.
1. Massieu is liable for any lack of conformity that becomes apparent within two years of delivery. For second hand products, Massieu and the USER may agree on a shorter period, which may not be less than one year from delivery.
Unless proved otherwise, it shall be presumed that any lack of conformity that becomes apparent within six months of delivery already existed when the product was delivered, except where this presumption is incompatible with the nature of the product or the nature of the lack of conformity.
In the absence of proof to the contrary, delivery shall be deemed to have taken place on the date shown on the invoice or purchase label, or on the corresponding delivery note if this is later.
3. The action to claim compliance with the provisions of the preceding articles prescribes three years from delivery of the product.
4. The USER must inform Massieu of the lack of conformity within two months of becoming aware of it.
Unless there is proof to the contrary, it will be understood that the USER's communication has taken place within the established period.
VIII) Action against the producer
When the USER finds it impossible or involves an excessive burden to contact Massieu because the products do not conform to the sales contract, he may complain directly to the producer in order to obtain replacement or repair of the product.
In general, and without prejudice to the fact that the responsibility of the producer ceases, in the same terms and conditions as those established for Massieu, the producer will respond for the lack of conformity when this refers to the origin, identity or suitability of the products, in accordance with their nature and purpose and with the rules that regulate them.
It is understood that the producer, the manufacturer of a product or the importer of the same in the territory of the European Union or any person who presents himself as such when indicating his name, brand or other distinctive sign on the product. Whoever has responded to the USER shall have a period of one year to repeat the responsibility for the lack of conformity. This period shall be calculated from the time when the remediation was completed.
14. APPLICABLE LAW AND JURISDICTION
These conditions shall be governed by or interpreted in accordance with Spanish law in that which is not expressly established. The PROVIDER and the USER agree to submit any controversy that could arise from the provision of the products or services object of these Conditions to the courts and tribunals of the USER's domicile.
In case the USER has its domicile outside Spain, the PROVIDER and the USER expressly renounce to any other forum, submitting themselves to the Courts and Tribunals closest to the town of Madrid (Spain).
Information related to the online dispute resolution of Art. 14, paragraph 1 of the ODR (Online Dispute Resolution Regulation):
The European Commission offers consumers the opportunity to resolve disputes online under Art. 14, paragraph 1 of the ODR on one of its platforms. The platform (http://ec.europa.eu/consumers/odr) serves as a website where consumers can try to reach settlements without going to court in relation to disputes arising from purchases and contracts for online services.