Returns and warranty
General contract conditions
This contractual document will govern the contracting of products and services through the website www.prettyofmind.com, property of MARIA DOLORES CAPEL FERNANDEZ, hereinafter PROVIDER.
Acceptance of this document means that the USER:
- You've read, you understand and you're agree with this text.
– It is a person with sufficient capacity to hire.
– Assume all the obligations set out here.
These conditions will have an indefinite period of validity and will be applicable to all contracts made through the PROVIDER's website.
The PROVIDER informs that the business 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 MARIA DOLORES CAPEL FERNANDEZ, with registered office CL SALITRE, 6 – 2 IZQ 18320 SANTA FE (Granada), NIF 78035045R and with customer service telephone number / USER 623190093 .
And on the other hand, the USER, registered on the website using a username and password, over which he or she has full responsibility for use and custody, and is responsible for the veracity of the personal data provided to the PROVIDER.
Object of the contract
The purpose of this contract is to regulate the contractual sales relationship born between the PROVIDER and the USER at the time the USER accepts the corresponding box during the online contracting process.
The contractual sales relationship entails the delivery, in exchange for a specific price and publicly displayed through the website, of a specific product or service.
The USER will select a username and password, committing to make diligent use of them and not to make them available to third parties, as well as to notify the PROVIDER of the loss or theft of them or of possible access by an unauthorized third party. , so that it proceeds to immediate blocking.
Once the user account has been created, it is reported that in accordance with the requirements of article 27 of Law 34/2002, on Information Society Services and Electronic Commerce (LSSICE), the contracting procedure will follow the following steps:
1. General contracting clauses.
2. Shipping of orders.
3. Right of withdrawal.
5. Force majeure.
7. Generalities of the offer.
8. Price and validity period of the offer.
9. Transportation costs.
10. Payment method, expenses and discounts.
11. Purchase process.
12. Applicable guarantees.
13. Guarantees and returns.
14. Applicable law and jurisdiction.
1. GENERAL CONTRACTING CLAUSES
Unless specifically 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 PROVIDER.
2. SHIPPING OF ORDERS
THE PROVIDER will not send any order until it has verified that payment has been made.
Shipments of merchandise will usually be made by EXPRESS COURIER (POSTAL EXPRESS, SEUR, UPS, STD, etc.) , according to the destination freely designated by the USER.
Delivery dates or times will be understood as approximate, delay not constituting essential non-compliance. In the event that the PROVIDER has not delivered the merchandise after 30 days from the agreed delivery date, the customer will be entitled to cancel the order and receive a refund of the total amount paid at no cost, and without derives no liability for damages attributable to the PROVIDER .
The delivery time is usually between 2 and 5 business days , depending on the destination population and the chosen payment method. This term is understood provided that the availability of the merchandise has been confirmed and full payment of the order has been verified.
The PROVIDER will not assume any responsibility when the delivery of the product or service does not take place, because the data provided by the USER is false, inaccurate or incomplete.
The delivery will be considered made when the carrier has made the products available to the USER and the USER, or his or her delegate, has signed the delivery receipt document.
It is the USER's responsibility to verify the products upon receipt and expose all reservations and claims that may be justified in the delivery receipt document.
In the event that the contract does not entail the physical delivery of any product, these being directly downloaded from the website, the PROVIDER will inform the USER in advance regarding the procedure that must 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 any possible defects or defects that the product or service presents, both online and offline.
The USER has a period of fourteen calendar days, counted from the date of receipt of the product, to return it (article 71 of Law 3/2014 of March 27). Unless the return is made due to defects in the product, the shipping costs will be assumed by the USER. The product must be returned in its original packaging and in perfect condition.
The right of withdrawal may not be applied in the following cases:
1. If the product is not presented 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, and the use of seals and adhesive tapes applied directly to it 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 provided exceptions, are not susceptible to this right.
All returns must be communicated to the PROVIDER, requesting a return number (RMA) using the RMA form enabled for this purpose, or by email to firstname.lastname@example.org , indicating the invoice or order number.
Once the USER has received the RMA number, they will send the product to the PROVIDER, indicating this number in the shipping letter, with the transportation costs at their expense, at the address of MARIA DOLORES CAPEL FERNANDEZ, CL SALITRE, 6 – 2 LEFT 18320 SANTA FE (Granada).
Any claim that the USER considers appropriate will be attended to as soon as possible, and can be made at the following contact addresses:
Postcard: MARIA DOLORES CAPEL FERNANDEZ, CL SALITRE, 6 – 2 IZQ 18320 SANTA FE (Granada)
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 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 liability for any failure due to a major cause. Compliance with the obligation will be delayed until the case of force majeure ceases.
The USER may not assign, transfer or transmit the rights, responsibilities and obligations contracted in the sale.
If any stipulation of these conditions is considered null or impossible to 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, know and accept 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 the Commercial Proposal of MARIA DOLORES CAPEL FERNANDEZ or stipulated here will have effect, unless expressly agreed in writing signed by the PROVIDER, in this 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 with respect to the information provided in its advertising, until it does not affect the value of the products offered. These modifications will also be valid in the event 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, 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 all the details of the quote online: items, quantities, price, availability, shipping costs, charges, discounts, taxes and the purchase total. Prices may change daily while the order is not placed.
Once the order is placed, prices will be maintained whether products are available or not .
Any payment made to the PROVIDER entails the issuance of an invoice in the name of the registered USER or the company name that the USER has informed at the time of placing the order. This invoice will be sent along with the purchased product to the email address provided by the USER.
For any information about the order, the USER may contact the PROVIDER's customer service telephone number 661720837 or via email at the address email@example.com.
9. TRANSPORTATION EXPENSES
Prices do not include shipping or communication costs, installation costs, or additional services, unless expressly agreed otherwise in writing.
Shipping costs will be calculated at the time of saving the basket or quote, since they are calculated by the weight of the products and the delivery address.
10. PAYMENT METHODS, CHARGES AND DISCOUNTS
The PROVIDER allows the following ways to pay for an order:
• Credit card: no discounts or charges will be applied.
11. PURCHASE PROCESS
Basket (budget simulation)
Any product from our catalog can be added to the cart. In this, only the items, quantity, price and total amount will be observed. Once the basket is saved, taxes, charges and discounts will be calculated according to the payment and shipping information entered.
The baskets do not have any administrative connection, it is only a section where a budget can be simulated without any commitment on both parties.
From the basket you can place an order by following the following steps for its correct formalization:
1. – Checking billing information.
2. – Checking the shipping address.
3. – Selection of the payment method.
4. – Place the order (buy).
Once the order is processed, the system instantly sends an email to the PROVIDER'S management department.
Orders (purchase requests)
Within a maximum of 24 hours, on business days, an email will be sent confirming the status of the order and the shipping date .
12. APPLICABLE WARRANTIES
All products offered through the website are completely original, unless otherwise indicated in their description. All have a warranty period of two years, in accordance with 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 products offered will respond to the following articles based on Law 23/2003 of July 10 on Guarantees for the sale of consumer goods:
I) Compliance of the products with the contract
1. Unless proven otherwise, it will be understood that the products comply with the contract as long as they meet all the requirements expressed below, unless due to the circumstances of the case any of them are not applicable:
a) They conform to the description made by MARIA DOLORES CAPEL FERNANDEZ.
b) They are suitable for the uses to which products of the same type are ordinarily intended.
c) Are suitable for any special use required by the client when it has been brought to the attention of MARIA DOLORES CAPEL FERNANDEZ at the time of the conclusion of the contract, provided that the latter has admitted that the product is suitable for this use.
d) They present the usual quality and performance of a product of the same type that the customer can reasonably expect, taking into account its nature and, where appropriate, the descriptions of the specific characteristics of the products made by MARIA DOLORES CAPEL FERNANDEZ .
e) MARIA DOLORES CAPEL FERNANDEZ describes the details, technical characteristics and photographs of the products provided by their manufacturer, so that it is not bound by these public statements.
2. The lack of conformity resulting from an incorrect installation of the product will 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 MARIA DOLORES CAPEL FERNANDEZ or under its responsibility, or by the USER when faulty installation is due to an error in the installation instructions.
3. Liability will not apply for lack of conformity that the USER knows or could not have ignored at the time of the contract or that originate from materials supplied by the USER.
II) Responsibility of the PROVIDER
MARIA DOLORES CAPEL FERNANDEZ will respond to the USER for any lack of conformity that exists at the time of delivery of the product. MARIA DOLORES CAPEL FERNANDEZ recognizes the USER the right to repair the product, replace it, reduce the price and terminate the contract.
III) Repair and replacement of products
1. If the product does not comply with the contract, the USER may choose between demanding its repair or replacement, unless one of these options is impossible or disproportionate. From the moment the USER notifies MARIA DOLORES CAPEL FERNANDEZ of the chosen option, both parties must comply. This decision of the USER is understood without prejudice to the provisions of article IV below for cases in which the repair or replacement fails to bring the product into compliance with the contract.
2. Any form of correction that imposes on MARIA DOLORES CAPEL FERNANDEZ costs that, in comparison with the other form of correction, are not reasonable, will be considered disproportionate, taking into account the value that the product would have if there were no lack of conformity, the relevance of the lack of conformity and if the alternative form of sanitation could be carried out without major inconveniences for the USER.
IV) Rules for repair or replacement of the product
Repair and replacement will comply with the following rules:
a) They will be free for the USER.
This gratuity will include the necessary expenses incurred to remedy the lack of conformity of the products with the contract, especially shipping costs, as well as costs related to labor and materials.
b) They will be carried out within a reasonable period of time and without major inconveniences for the user, taking into account the nature of the products and the purpose they had for the USER.
c) The reparation suspends the calculation of the deadlines referred to in article VII. The suspension period will begin when the USER makes the product available to MARIA DOLORES CAPEL FERNANDEZ and will conclude with the delivery to the USER of the already repaired product. During the six months following delivery of the repaired product, MARIA DOLORES CAPEL FERNANDEZ will be responsible for the lack of conformity that motivated the repair. It is presumed that this is the same lack of conformity when defects of the same origin as those initially manifested are reproduced in the product.
d) The substitution suspends the deadlines referred to in Article VII from the exercise of the option until the delivery of the new product. In any case, the second paragraph of Article VII will apply to the substitute product.
e) If the repair is completed and the product is delivered, it continues to be non-compliant with the contract, the USER may demand its replacement, within the limits established in section 2 of article IV, or a price reduction or resolution. of the contract under the terms of article V.
f) If the replacement fails to bring the product into compliance with the contract, the USER may demand its repair, within the limits established in section 2 of article IV, or a reduction in the price or termination of the contract within the limits established in section 2 of article IV. terms of articles V and VI.
g) The USER may not demand replacement in the case of non-fungible products, nor in the case of second-hand products.
V) Price reduction and contract termination
The price reduction and termination of the contract will proceed, at the USER's option, when the USER cannot demand the repair or replacement of the product and in cases in which these have not been carried out within a reasonable period of time or without major inconveniences for the USER. USER. The resolution will not proceed when the lack of conformity is of minor 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 accordance with the contract and the value that the product actually delivered had at the time of delivery.
1. MARIA DOLORES CAPEL FERNANDEZ is responsible for any lack of conformity that appears within a period of two years from delivery. In second-hand products, MARIA DOLORES CAPEL FERNANDEZ and the USER may agree on a shorter period, which may not be less than one year from delivery.
Unless proven otherwise, it will be presumed that any lack of conformity that appears within six months of delivery already existed when the product was delivered, except when this presumption is incompatible with the nature of the product or the nature of the lack of conformity. .
2. Unless proven otherwise, delivery is deemed to have been made on the day that appears 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 previous articles expires three years from the delivery of the product.
4. The USER must inform MARIA DOLORES CAPEL FERNANDEZ of the lack of conformity within two months of becoming aware of it.
Unless proven otherwise, it will be understood that the USER's communication has taken place within the established period.
VIII) Action against the producer
When it is impossible or an excessive burden for the USER to contact MARIA DOLORES CAPEL FERNANDEZ due to lack of conformity of the products with the sales contract, they may claim directly from the producer in order to obtain replacement or repair of the product.
In general terms, and without prejudice to the producer's responsibility ceasing, within the same terms and conditions as those established for MARIA DOLORES CAPEL FERNANDEZ, the producer will be liable for the lack of conformity when it refers to the origin, identity or suitability of the products. products, in accordance with their nature and purpose and with the standards that regulate them.
A producer is understood to be the manufacturer of a product or its importer in the territory of the European Union or any person who presents himself as such by indicating his name, brand or other distinctive sign on the product.
Whoever has responded to the USER will have a period of one year to repeat responsibility for the lack of conformity. This period is computed from the moment the cleanup was completed.
14. APPLICABLE LAW AND JURISDICTION
These conditions will be governed or interpreted in accordance with Spanish legislation in that which is not expressly established. The PROVIDER and the USER agree to submit any controversy that may arise from the provision of the products or services object of these Conditions to the courts and tribunals of the USER's domicile.
In the event that the USER is domiciled outside of Spain, the PROVIDER and the USER expressly renounce any other forum, submitting to the Courts and Tribunals closest to the town of SANTA FE (Spain).
Information on guarantees in the sale of consumer goods
Goods regulated by law
The Guarantees Law applies to personal property for private consumption, that is, consumer goods: from an appliance to a vehicle, including furniture, objects of all kinds, even works of art. By their very concept, services and real estate are eliminated.
The Law excludes purchases and sales between individuals.
For new consumer goods the warranty will be two years, while for second-hand products the warranty will be one year. During the first six months of warranty on a new product, it is assumed that the damage comes from the factory and the seller must assume all repair costs, both parts, transportation, and labor hours. The warranty period is suspended during the time that the product or object is under repair.
Product in good condition
The law considers that a consumer must feel satisfied with the purchased product if it meets the following requirements: that the product conforms to the description given by the seller and that it has the qualities manifested through a demonstration or model. It must also serve what is indicated both in the instruction book and in the verbal instructions that the seller may have given or in a demonstration video. Advertising, indications that appear reflected on a label, or a use that arises from the characteristics of the product itself also serve as common use. Even if the consumer has requested a special use and the seller has assured him that the purchased good will be offered to him, this must be the case. In addition, the product purchased must have adequate quality and performance. Thus, a pressure cooker should cook faster than a traditional kettle.
Application of the law
The Law obliges sellers of consumer goods, on the one hand, and consumers as final recipients, on the other. That is, contracts made between individuals are excluded, since it only provides for the purchase and sale between a professional seller and a consumer.
It will apply whenever a consumer good is purchased, that is, any object or product for private consumption. Assets acquired in a judicial sale (auction of confiscated assets) are excluded. Nor are the distribution of water or gas not packaged for sale subject to this law.
Claim in case of product failure
The first person responsible for the product is the seller. However, the consumer can go directly to the manufacturer or importer, if going to the seller is a burden. For example, if during a vacation away from home a digital camera has been purchased that does not respond to what is offered in the store, it is easier for the consumer to go to the manufacturer or importer than to the establishment where they purchased it.
In the event that the product does not meet the advertised characteristics, the consumer can choose between repairing the good or replacing it, unless this is impossible or disproportionate. If repair or replacement is not possible, or is disproportionate, the consumer can opt for an appropriate reduction in the price or for termination of the contract, that is, a refund of the price.
The consumer may not demand replacement in the case of second-hand goods or goods that cannot be replaced. For example, replacement cannot be required if the good is no longer manufactured or there is no stock left, if a second-hand vehicle is purchased, nor, due to the impossibility that entails, can a work of art, an antique or a design be replaced. exclusive clothing. The replacement will be disproportionate when it is a small defect that is easy or simple to repair. The repair will be disproportionate when it is uneconomic, that is, the repair is more expensive than the value of the good.
The consumer must report the failure within two months of detecting it. In this sense, if the problem has appeared within six months after purchasing the product, the seller must make the guarantee effective, since in that period of time it is assumed that the problem comes from the factory. However, if those six months have passed, it is the consumer who must demonstrate that the failure comes from its origin and that it has not been caused by misuse of the product.
The Law establishes that during the six months following the delivery of the repaired good, the seller will be liable for the faults that motivated the repair, presuming that it is the same fault when defects of the same origin as those initially repaired are reproduced. In order to make this repair guarantee effective, the consumer must keep proof of the repair and the technical service that, at the time, repaired the product.
Failure after repair or replacement
The Law includes these possibilities: If the consumer chose to replace a defective product with another identical one, he or she can ask the seller for repair, as long as it is not disproportionate, for a reduction in the price or for a refund of the money. On the other hand, if repair was chosen due to a failure in a product, the consumer can demand an exchange, a reduction in the price or the return of all the money spent.
But the Law does not specify the amount or type of price reduction that the seller must make to the consumer if that is the option chosen. Thus, the two parties involved in the purchase and sale are obliged to reach agreements that satisfy both.
Refusal to repair, reduce price or refund money
If we are within the first six months, we must demand reparation and request a Claims Sheet and insist even until we go to trial. It is presumed that the fault existed. But if the first six months have already passed, we are the other way around. It is the consumer who must prove that the product was purchased at fault.
In any case, the consumer will have to negotiate and if he does not agree with the reduction offered by the seller, he can go to an appraiser to determine the price of the product after the repair and request a price reduction in that regard.
Instruction book and poor installation
If a consumer misuses a product, because the instruction book is incorrect, the warranty law protects the consumer and may require repair or replacement. Likewise, if the failure occurs due to poor installation caused by both the erroneous instructions in the manual and the technicians sent by the seller, the seller is also responsible.
In case of repair or transfer to a technical service, what must the consumer pay?
Nothing. During the period in which the guarantee is effective, the seller or producer must bear the cost of travel, parts and repair time. Furthermore, while the product remains in technical service, the warranty period is suspended. That is, the clock is not ticking. On the other hand, apart from demanding the application of the guarantee (repair, exchange, price reduction or money back), the consumer may demand compensation for damages or losses derived from the breakdown and the repair time. For example, if a user purchases a refrigerator and it breaks down a week after purchase, in addition to requesting that the warranty be made effective, said user can demand compensation for the food that has spoiled due to the malfunction of the appliance.
The commercial guarantee is one that the manufacturer, distributor or seller gives and that must always exceed that offered by law, since this is understood as a minimum required by the consumer. It is also a marketing tool for companies. However, this guarantee must meet certain requirements, such as making it clear what it applies to, the object or product that has said guarantee and the name and address of the person offering it.
Online Dispute Resolution
In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission
provides a free access platform for online conflict resolution
between the USER and the PROVIDER, without the need to resort to the courts
of justice, through the intervention of a third party, called the Organization of
dispute resolution, which acts as an intermediary between both. This organism
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/