General Conditions of Sale

PURCHASE CONDITIONS

1- Introduction:

This document establishes the conditions governing the use of this website Jilguerosymas.es and the purchase of products on it.
¨Please read the Purchase Conditions carefully before using this website. By accessing it as a customer or placing an order through it, you agree to be bound by these Conditions and their applications, so if you do not agree with them, you should not continue with any action within it. ¨

These Conditions could be modified:

It is your responsibility to read them periodically, since the conditions in force at the time of use of the website or the conclusion of the Contract will be those that are applicable to you .

The Contract may be formalized, at your choice, in any of the languages ​​in which the Conditions are available on this website.

2-OUR DATA:

This web page is operated under the name www.jilguerosymas.es
YOUR DATA AND YOUR VISITS TO THIS WEB PAGE.

The information or personal data that you provide us about you will be treated in accordance with the provisions of the Privacy Policy.

By using this website you consent to the treatment of said information and data, as well as declares that all the information or data that you provide us is true and corresponds to reality.

3-USE OF OUR WEB PAGE:

When doing Using this website and placing orders through it you agree to:

a) Make use of this website only to make inquiries or legally valid orders.

b) No make any false or fraudulent order. If it could reasonably be considered that an order of this nature has been made, we will be authorized to cancel it and inform the relevant authorities.

c) Provide us with your email address, postal address and/or other contact details of truthful and exact way. Likewise, you agree that we may use said information to contact you if necessary (see our Privacy Policy)

d) If you do not provide us with all the information we need, we will not be able to process your order .
By placing an order through this website, you declare that you are over 18 years of age and have the legal capacity to enter into contracts.

4-AVAILABILITY OF THE SERVICE:

The articles offered through this website are available for shipment to Spain and Portugal, except the islands. For any other territory, confirmation will always be necessary.

5-CONCLUSION OF THE CONTRACT:

The information contained in these Conditions and the details contained in this web page do not constitute an offer of sale, but an invitation to contract.

No contract will exist between you and us in relation to any product until your order has been expressly accepted by us.

If your offer is not accepted and has already been had made a charge to your account, the amount will be fully refunded.

To place an order, you must follow the online purchase procedure and click on "Process Order". Following this, you will receive an email acknowledging receipt of your order (the "Order Confirmation"). Please note that this does not mean that your order has been accepted, as it constitutes an offer by you to us to purchase one or more products.

All orders are subject to our acceptance, in accordance with which will be informed through an email in which we confirm that the product is being shipped (the "Shipping Confirmation").

The contract for the purchase of a product between us will be formalized only when we send you the Shipping Confirmation.

Only those products listed in the Shipping Confirmation will be subject to the Contract. We will not be obliged to supply you with any other product that may have been ordered until we confirm their shipment in a Shipping Confirmation.< br>
Order Cancellation:

If you wish to cancel the order previously placed and accepted by us, you must do so within 24 hours after processing the order because otherwise if your order is already is in preparation or has been sent, we must proceed to charge preparation costs or the cost of the shipment itself and then cancel the shipment with the agency, if applicable.

6-AVAILABILITY OF THE PRODUCTS:

All product orders are subject to product availability. In this sense, if there are difficulties in the supply of products or if there are no items in stock, we reserve the right to provide you with information about substitute products of equal or higher quality and value that you can order. If you do not wish to place an order for these substitute products, we will refund any amount you may have paid.

7- REFUSAL TO PROCESS AN ORDER:

We reserve the right to withdraw any product from this website at any time and to remove or modify any material or content on it. Although we will do our best to always process all orders, there may be exceptional circumstances that force us to reject the processing of an order after having sent the Order Confirmation, for which we reserve the right to do so at any time, at our sole discretion. discretion.


We will not be liable to you or to any third party for removing any product from this website, regardless of whether or not such product has been sold, for removing or modifying any material or content on the website, or for refusing to process an order once we have sent you the Order Confirmation.

8-DELIVERY:

Notwithstanding the provisions of the Clause 6 above regarding the availability of the products and except in extraordinary circumstances, we will try to send the order consisting of the product / s listed in each Shipping Confirmation before the delivery date contained in the Shipping Confirmation in question or, if no delivery date is specified, within 30 days from the date of the Shipping Confirmation.

However, delays may occur for any of the following reasons:

• product customization;
• specialty items;
• unforeseen circumstances; or
• delivery area.


If for any reason we cannot meet the delivery date, we will inform you of this circumstance and we will give you the option to continue with the purchase establishing a new delivery date or cancel the order with a full refund of the price paid. Keep in mind in any case that we do not make deliveries on Saturdays or Sundays.

For the purposes of these Conditions, it will be understood that the "delivery" has occurred or that the order has been "delivered" in the moment of signing the receipt of the same at the agreed delivery address.

IMPOSSIBILITY OF DELIVERY:

If after two attempts it is impossible for us to deliver your order, we will try to find a safe place to leave it. Likewise, we will leave you a note telling you where your order is and how to pick it up.

If you are not going to be at the place of delivery at the agreed time, please contact us to arrange delivery on another day.

In the event that 30 days have elapsed since your order is available for delivery, the order has not been delivered for reasons not attributable to us, we will understand that you wish to withdraw from the Contract and we will consider it resolved
< br>As a consequence of the termination of the Contract, we will refund the price paid for such products as soon as possible and, in any case, within a maximum period of 30 days from the date on which we consider the Contract to be terminated. In these cases, we will be authorized to pass on the transport costs derived from the shipment and the termination of the Contract.

9-TRANSMISSION OF RISK AND OWNERSHIP OF THE PRODUCTS:

The risks of the products will be at your expense from the moment of delivery.
You will acquire ownership of the products when we receive full payment of all amounts due in relation to them, including shipping costs, or on the time of delivery, if it takes place at a later time.

10-PRICE AND PAYMENT:

The price of each product will be the one stipulated at any time on our website, Except in the case of manifest error.

Although we try to ensure that all prices on the page are correct, errors may occur. If we discover an error in the price of any of the products you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or canceling it.

If we are unable to contact you with you, the order will be considered canceled and you will be fully refunded the amounts that have been paid.

We will not be obliged to supply you with any product at the incorrect lower price (even if we have sent you the Shipping Confirmation) if the The error in the price is obvious and unequivocal and could have been reasonably recognized by you as an incorrect price.

The prices on the website include VAT, but exclude delivery costs, which will be added to the total amount .

Prices may change at any time, but except as stated above, possible changes will not affect orders for which we have already sent you an Order Confirmation.
Once you have made your purchases, all the items you wish to buy will have been added to your basket and the next step will be to process the order and make the payment.

11-VALUE TAX ADDED:

In accordance with the provisions of Article 68 of Law 37/1992, of December 28, on Value Added Tax, the delivery of the articles will be understood to be located in the territory of application of the Spanish VAT if the delivery address is in Spanish territory. The applicable VAT rate will be that legally in force at all times depending on the specific item in question.

12-CHANGE/REFUND POLICY:

Legal right to withdraw from the purchase:

In accordance with the applicable regulations, if you are contracting as a consumer, you may withdraw from the Contract (except when the object thereof is any of the products for which the right of withdrawal is excluded in the Common Provisions ) at any time within a period of 30 calendar days from the date of delivery of your order.

In this case, the price paid for such products will be refunded. Returns are free for all of Spain (except the Balearic Islands and the Canary Islands)

You can prove the exercise of the right of withdrawal in any way admitted by law, considering in any case validly exercised said right by sending the document of withdrawal that we provide or by returning the products.

This provision does not affect other rights recognized to the consumer by current legislation.

The conditions applicable to exchanges and returns are as follows:

Common provisions:

You will not have the right to withdraw from the Contract whose purpose is the supply of any of the following products:

• Personalized items
• Exclusively manufactured items

Your right to withdraw from the Contract will apply exclusively to those products that are returned in the same conditions in which you received them and that contain all the seals and labels with which they were delivered to you.

Please return the item using or including its original packaging. You must also include all the instructions, documents and packaging of the products. No refund will be made if the product has been used beyond its mere opening or if it has suffered any damage, so you must be careful with the products while they are in your possession.

13-LIABILITY AND EXONERATION OF LIABILITY:

Unless expressly provided otherwise in these Conditions, our liability in relation to any product purchased on our website will be strictly limited to the purchase price of said product.
< br>Notwithstanding the foregoing, our liability is neither excluded nor limited in the following cases:

• In the event of death or personal injury caused by our negligence;
• In the event of fraud or fraudulent misrepresentation; or
• In any matter in which it would be illegal or unlawful for us to exclude, limit or attempt to exclude or limit our liability.

Notwithstanding the provisions of the preceding paragraph and to the extent legally allow, and except as otherwise provided in these Conditions, we will not accept any responsibility for the following losses, regardless of their origin:


• loss of income or sales;
• loss loss of business;
• loss of profits or loss of contracts;
• loss of anticipated savings;
• loss of data; and
• loss of management time or office hours.

Due to the open nature of this website and the possibility of errors in the storage and transmission of digital information, we do not guarantee the accuracy and security of the information transmitted or obtained through this website unless expressly stated otherwise in the same.

All descriptions of products, information and materials that appear on this website they are supplied as a true body and without express or implicit guarantees about them.

To the extent permitted by law, we exclude all guarantees, except those that cannot be legitimately excluded before consumers and users.

The provisions of this clause will not affect your legal rights as a consumer and user, nor your right to withdraw from the Contract.

14-INTELLECTUAL PROPERTY:

You acknowledge and agree that all copyright, registered trademark and other intellectual property rights over the materials or content provided as part of the website correspond at all times to us or to those who granted us a license for its use.

You may make use of said material only in the form in which we or those who granted us a license for its use expressly authorize it.

This will not prevent you from using this website to the extent necessary to copy information about your order or Contact data .


Cookies: By accepting this privacy policy you consent to the use of cookies used on this website, as they are an essential part of the way our page works.

The main objectives of our cookies are to improve your browsing experience.For example, cookies help us to identify you (if you are registered on our website), to remember your preferences during your browsing and in future visits, to manage the shopping cart, to allow you to carry out purchases, among others. things

15-WRITTEN COMMUNICATIONS:

Applicable regulations require that part of the information or communications that we send you be in writing.

By using this website, you You agree that most communications with us will be electronic. We will contact you by email or provide you with information by posting notices on this website.

For contractual purposes, you agree to use this electronic means of communication and acknowledge that all contracts, notices, information and other Communications that we send to you electronically meet any legal requirement that they be in writing. This condition will not affect your rights recognized by law.

16-NOTIFICATIONS:

The notifications that you send us must be sent through our contact form. For our part, we can send you communications either to the e-mail or to the postal address provided by you when placing an order.

It will be understood that the notifications have been received and have been correctly made in the moment they are posted on our website, 24 hours after an email has been sent, or three days after the postage date of any letter.

To prove that the notification has been made, it will suffice to prove, in the case of a letter, that it had the correct address, was correctly sealed and that it was duly delivered by post or in a mailbox and, in the case of an email, that it was sent to the address email address specified by the recipient.

17-ASSIGNMENT OF RIGHTS AND OBLIGATIONS:

The Agreement is binding on both you and us, as well as our respective successors, assigns and assigns.
You will not be able to tra nsmit, assign, encumber or in any other way transfer a Contract or any of the rights or obligations derived from it in your favor or for you, without having obtained our prior written consent.
We can transmit, assign, encumber, subcontract or in any other way transfer a Contract or any of the rights or obligations derived from it in our favor or for us, at any time during the term of the Contract. To avoid any doubt, said transmissions, assignments, encumbrances or other transfers will not affect the rights that, in your case, you have as a consumer recognized by law or will cancel, reduce or limit in any other way the guarantees, both express and tacit, that you we could have granted.

18-EVENTS OUT OF OUR CONTROL:

We will not be responsible for any breach or delay in the fulfillment of any of the obligations that we assume under a Contract, the cause of which is due to events that are beyond our reasonable control (“Force Majeure Cause”).

Force Majeure Causes will include any act, event, lack of exercise, omission or accident that is beyond our control reasonable and will especially include (without limitation) the following:

• Strikes, lockouts, or other industrial action.
• Civil commotion, riot, invasion, terrorist attack, or terrorist threat a, war (declared or not) or threat or preparations for war.
• Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
• Impossibility of using trains, ships, airplanes, motor transport or other means of transport, public or private.
• Impossibility of using public or private telecommunications systems
• Acts, decrees, legislation, regulations or restrictions of any government or public authority.
• Strikes, failures or accidents of maritime or fluvial, postal or any other type of transport.

It will be understood that our obligations derived from the Contracts will be suspended during the period in which the Cause of Force Majeure continues, and we will have an extension in the term to fulfill said obligations for a period of time equal to the duration of the Cause of Force Majeure.

We will use all reasonable means to end the Cause of Force Majeure or to find a solution that allows us to fulfill our obligations under the Contract despite the Cause of Force Majeure.

19-WAIVER:

The lack of requirement on our part of strict compliance on your part of any of the obligations assumed by you by virtue of a C Contract or these Conditions or the lack of exercise by us of the rights or actions that may correspond to us by virtue of said Contract or the Conditions, will not imply any waiver or limitation in relation to said rights or actions nor will it exonerate you from comply with such obligations.


No waiver on our part of a specific right or action will imply a waiver of other rights or actions derived from the Contract or the Conditions.


No waiver on our part of any of these Conditions or of the rights or actions derived from the Contract will take effect, unless it is expressly established that it is a waiver and it is formalized and communicated in writing in accordance with the provisions of section of previous Notifications.

20-PARTIAL NULLITY:

If any of these Conditions or any provision of a Contract were declared null and void by firm resolution by competent authority, the remaining terms and conditions will remain in force, without being affected by said declaration of nullity.

21-COMPLETE AGREEMENT:

These Conditions and any document referred to expressed in them constitute the entire existing agreement between you and us in relation to the object of the same and replace any other pact, agreement or previous promise agreed between you and us verbally or in writing.

You and We acknowledge having consented to the execution of the Contract without having relied on any statement or promise made by the other party or that could be inferred from any statement or writing in the negotiations entered into by the two before said Contract, except for what is expressly mentioned in the these Conditions.

Neither you nor we will have action against any uncertain statement made by the other party, verbal or written, with an prior to the date of the Contract (unless such an uncertain statement had been made fraudulently) and the only action available to the other party will be for breach of contract in accordance with the provisions of these Conditions.

22-OUR RIGHT TO MODIFY THESE CONDITIONS:

We have the right to review and modify these Conditions at any time.

You will be subject to the policies and Conditions in force at the time you use this website or make each order, unless by law or decision of government agencies we must make retroactive changes in said policies, Conditions or Privacy Policy, in which case, the possible changes will also affect the orders that you had previously made

23-APPLICABLE LEGISLATION AND JURISDICTION:

The use of our website and the contracts of The purchase of products through said website will be governed by Spanish legislation

Any controversy that arises or is related to the use of the website or with said contracts will be submitted to the non-exclusive jurisdiction of the courts and tribunals Spanish.

If you are contracting as a consumer, nothing in this clause affects the rights recognized by current legislation as such.

24-COMMENTS AND SUGGESTIONS:

Your comments and suggestions Thanks will be well received. We kindly ask you to send us such comments and suggestions through our contact form.