This contractual document will govern the contracting of services through the website, owned by MARÍA MARTÍNEZ PRADA, hereinafter PROVIDER.
Acceptance of this document implies that the USER:
- You have read, understand and understand what is stated here.
- Is a person with sufficient capacity to hire.
- Assumes all obligations set forth herein.
These conditions will have an indefinite period of validity and will be applicable to all contracts made to through the PROVIDER website.
The PROVIDER informs that trade is responsible and knows the current legislation of the countries to which it offers the services, 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 provider of the goods or services contracted by the USER is MARÍA MARTÍNEZ PRADA, with registered office AV. JOSÉ AGUADO, 24 - 4 DCH 24005 LEÓN (León), NIF 71427806H and with customer service phone / USER 622699568.
And on the other, the USER, registered on the website through a username and password, on which he has full responsibility for use and custody, and is responsible for the veracity of the personal data provided to PROVIDER.
Object of the contract
The purpose of this contract is to regulate the contractual sales relationship born between the PROVIDER and the USER at the moment he accepts the corresponding box during the online hiring process. The contractual relationship of sale involves delivery, in exchange for a specific price and publicly exposed to through the website, of a specific service.
The USER will select a username and password, committing to make diligent use of the and not to make them available to third parties, as well as to notify the PROVIDER of their loss or theft or possible access by an unauthorized third party, so that it proceeds to the immediate blocking.
Once the user account has been created, it is informed that according to what is required by article 27 of Law 34/2002, of Services of the Information Society and Electronic Commerce (LSSICE), the contracting procedure Follow the steps below:
- General contracting clauses.
- Shipping orders.
- Right of withdrawal.
- Force majeure.
- General of the offer.
- Price and period of validity of the offer.
- Transportation expenses.
- Method of payment, expenses and discounts.
- Purchase process.
- Applicable warranties.
- 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 PROVIDER.
2. SHIPPING ORDERS
The PROVIDER will not send any proof of order until it has verified that the payment has been made.The order does not entail the physical delivery of any product, being the proof of the contracted service sent by the PROVIDER to the email address provided by the USER.
3. RIGHT OF WITHDRAWAL
The USER has the same rights and deadlines to proceed with the return and / or claim the possible defects or defects presented by the service, both online and offline.
The USER has a period of fourteen calendar days, counted from the date of receipt of the product, for the return of the same (article 71 of Law 3/2014, of March 27).
The right of withdrawal cannot be applied when they are personalized services or that, for reasons of hygiene or other exceptions legally provided, are not susceptible to this right.
Any claim that the USER deems appropriate will be addressed as soon as possible, being able to perform at the following contact addresses:
Postcard: MARÍA MARTÍNEZ PRADA, AV. JOSÉ AGUADO, 24 - 4 DCH 24005 LEÓN (León)
Online Dispute Resolution
According to 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 resorting to the courts of justice, through the intervention of a third party, called the Dispute Resolution Body, which acts as an intermediary between both of them. This body is neutral and will dialogue with both parties to reach an agreement, and may finally suggest and / or impose a solution to the conflict.
Link to the ODR platform: http://ec.europa.eu/consumers/odr/
5. FORCE MAJEURE
The parties will not incur responsibility for any fault due to major cause. Compliance with the obligation is will delay until the end of the force majeure case.
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, the validity, legality and Compliance with 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 General Conditions in all its extension.
7. OFFER OVERVIEW
All sales and deliveries made by the PROVIDER shall be deemed subject to these Conditions. Generals.
No modification, alteration or agreement contrary to the Commercial Proposal of MARÍA MARTÍNEZ PRADA or here stipulated, will have effect, unless express written agreement signed by the PROVIDER, in this case, these agreements individuals will prevail.
Given the continuous technical advances and improvements of the services, the PROVIDER reserves the right to modify its specifications regarding the information provided in your advertising, until it affects the value of the services Offered These modifications will also be valid if, for any reason, the possibility of providing the services offered.
8. PRICE AND VALIDITY OF VALIDITY OF THE OFFER
The prices indicated for each service include Value Added Tax (VAT) or other taxes that could be applicable. These prices, unless expressly stated otherwise, do not include the costs of shipping, handling, wrapping, shipping insurance or any other additional services and annexes to the purchased service.
The prices applicable to each service 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 services may vary in real time.
Before making the purchase you can check online all the details of the budget: services, quantities, price, availability, expenses, charges, discounts, taxes and the total purchase. Prices may change daily while the order is not placed.
Once the order has been placed, prices will be maintained whether services are available or not.
Any payment made to the PROVIDER entails the issuance of an invoice in the name of the registered USER or of the reason social that this has informed at the time of placing the order. This invoice will be sent along with the service purchased from the email address provided by the USER.
For any information about the order, the USER can contact through the customer service telephone number of the PROVIDER 622699568 or via email to the address firstname.lastname@example.org.
9. TRANSPORTATION COSTS
There are no transport costs.
10. FORMS OF PAYMENT, CHARGES AND DISCOUNTS
The PROVIDER allows the following ways to make the payment of an order:
- Credit card: no discounts or charges will apply.
11. PURCHASE PROCESS
Basket (budget simulation)
Any service in our catalog can be added to the basket. In this, only the services, the quantity, the Price and total amount. Once the basket is stored, taxes, charges and discounts will be calculated.
The baskets do not have any administrative link, it is only a section where you can simulate a budget without no commitment by both parties.
From the basket you can make a budget following the 3 steps necessary for proper formalization:
- - Checking the billing information.
- - Checking the shipping address.
- - Selection of payment method.
- - Place the order (buy).
- - The reservation is on our website and payment for the REDSYS online payment platform, so you will receive a confirmation email when making the purchase. The cancellation without expenses can be done by email up to 24 hours before the activity. If you cancel with less time, arrive late or do not show up, no refund will be offered (you can check our purchase conditions if you have any questions or you can call us).
Once the budget is processed, the system instantly sends an email to the PROVIDER's management department.
Orders (purchase requests)
In a maximum of 24 hours, in working days, an email will be sent to confirm the status of the order and the date of shipment.
12. APPLICABLE GUARANTEES
All services offered through the website have a warranty period of two years, according to the criteria and conditions described in 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.
13. GUARANTEES AND RETURNS
The guarantee of the services offered will respond to the following articles based on Law 23/2003, of July 10, of Guarantees of sale of consumer goods:
I) Conformity of the services with the contract
1. Unless proven otherwise, it will be understood that the services are in accordance with the contract provided that they comply with all requirements that are expressed below, unless due to the circumstances of the case, some of them are not applicable:
a) Conform to the description made by MARÍA MARTÍNEZ PRADA.
b) Are suitable for the uses to which services of the same type are ordinarily destined.
c) Be suitable for any special use required by the client when they have informed MARÍA MARTÍNEZ PRADA at the time of the conclusion of the contract, provided that he has admitted that the service is suitable for this use.
d) Present the usual quality and performance of a service of the same type that the customer can base wait, given the nature of this and, where appropriate, the descriptions of the specific characteristics of the services made by MARÍA MARTÍNEZ PRADA.
e) MARÍA MARTÍNEZ PRADA describes the details, features and photographs of the services provided by the producer thereof, so that you are not bound by these public statements.
2. The lack of conformity resulting from an incorrect provision of the service will be equated with the lack of conformity of the same when the benefit is included in the service contract and has been made by MARÍA MARTÍNEZ PRADA or under your responsibility, or by the USER when the defective service is due to an error in the instructions established therein.
3. Responsibility for non-conformance that the USER knows or has not been able to ignore in the moment of the conclusion of the contract or that have their origin in services provided by the USER.
4. The theatralized visits need a minimum of 25 people for its realization.
5. People who come to the meeting point without reservation should check if there are places available. In this case, the guide will provide the purchase ticket at the beginning of the visit, being the payment in cash.
II) Responsibility of the PROVIDER
MARÍA MARTÍNEZ PRADA will respond to the USER of any lack of conformity that exists at the time of Service delivery MARÍA MARTÍNEZ PRADA recognizes the USER the right to repair the service, at his replacement, the price reduction and the termination of the contract.
III) Repair and replacement of services
1. If the service is not in accordance with the contract, the USER may choose to demand repair or replacement of the same, unless one of these options is impossible or disproportionate. From the moment the USER communicate to MARÍA MARTÍNEZ PRADA the option chosen, both parties must comply. This decision of the USER It is understood without prejudice to the provisions of Article IV below for the cases in which the repair or replacement fail to bring the service into compliance with the contract.
2. Any form of sanitation that imposes costs on MARÍA MARTÍNEZ PRADA will be considered disproportionate, compared to the other form of sanitation, do not be reasonable, considering the value that the service would have if there is no lack of conformity, the relevance of the lack of conformity and if the alternative form of sanitation is could perform without major inconvenience to the USER.
IV) Rules of repair or replacement of the service
Repair and replacement will conform to the following rules:
a) They will be free for the USER.
b) They will be carried out within a reasonable period of time and without major inconvenience to the user, taking into account the nature of the services and the purpose they had for the USER.
c) Reparation suspends the calculation of the terms referred to in Article VII. The suspension period will begin since the USER makes it known to MARÍA MARTÍNEZ PRADA and will conclude with the delivery to the USER of the service already repaired. During the six months after delivery of the repaired service, MARÍA MARTÍNEZ PRADA will respond to the lack of conformity that motivated the repair. It is presumed that this is the same lack of compliance when defects of the same origin as those initially manifested are reproduced in the service.
d) The substitution suspends the terms referred to in Article VII from the exercise of the option until the delivery of the new service The second paragraph of Article VII shall apply to the substitute service in any case.
e) If the repair is completed and the service is delivered, it is still not in accordance with the contract, the USER may demand the replacement thereof, within the limits established in section 2 of article IV, or the reduction of the price or termination of the contract under the terms of article V.
f) If the replacement fails to bring the service into conformity with the contract, the USER may require the repair of the same, within the limits established in section 2 of article IV, or the reduction of the price or termination of the contract in the terms of articles V and VI.
V) Price reduction and contract termination
The price reduction and the termination of the contract will proceed, at the option of the USER, when the latter cannot demand the repair or replacement of the service and in cases where these have not been carried out within a reasonable time or without major inconveniences for the USER. The resolution will not proceed when the lack of conformity is low importance.
VI) Criteria for price reductionThe price reduction will be proportional to the difference between the value that the service would have had at the time of the delivery of having been in accordance with the contract and the value that the service actually delivered had in the time of delivery.
1. MARÍA MARTÍNEZ PRADA responds to the breaches of conformity that appear within two years of the delivery.
Unless proven otherwise, it shall be presumed that any breaches of conformity manifest in the six months following delivery already existed when the service was delivered, except when this presumption is incompatible with nature of the service or the nature of the lack of conformity.
2. Unless proven otherwise, delivery is understood to be made on the day that appears on the invoice or purchase label, or on the corresponding delivery note if it were later.
3. The action to claim compliance with the provisions of the preceding articles prescribes three years after the service delivery.
4. The USER must inform MARÍA MARTÍNEZ PRADA of the lack of conformity within two months of who had knowledge of her.
Unless proven otherwise, it will be understood that the communication of the USER has taken place within the established period. VIII) Action against the producer
When the USER finds it impossible or involves an excessive load go to MARÍA MARTÍNEZ PRADA for lack in accordance with the services with the contract for the provision of services, you may directly claim the producer with the in order to obtain the replacement or repair of the service.
In general, and notwithstanding that the producer's responsibility ceases, within the same terms and conditions as those established for MARÍA MARTÍNEZ PRADA, the producer will respond for the lack of conformity when it is refer to the origin, identity or suitability of the services, in accordance with their nature and purpose and with the standards that the regulate.
A producer, the person responsible for a service or the importer thereof in the territory of the European Union or Any person who appears as such by indicating his name, brand or other distinctive sign on the service. Who has responded to the USER, will have a period of one year to repeat responsible for the lack of accordance. This period is computed from the moment the sanitation was completed.
14. APPLICABLE LAW AND JURISDICTION
Estas condiciones se regirán o interpretarán conforme a la legislación española en aquello que no esté expresamente establecido. El PRESTADOR y el USUARIO acuerdan someter cualquier controversia que pudiera suscitarse de la prestación de los servicios objeto de estas Condiciones a los juzgados y tribunales del domicilio del USUARIO. En caso de que el USUARIO tenga su domicilio fuera de España, el PRESTADOR y el USUARIO renuncian expresamente a cualquier otro foro, sometiéndose a los Juzgados y Tribunales más cercanos a la población de LEÓN (España).