General terms and conditions of sale
General terms and conditions of sale
Introduction
This contractual document shall govern the General Terms and Conditions for the purchase of products (hereinafter referred to as the “Terms and Conditions”),
“Conditions”) through the web site www.elalmacendeloza.com, property of PLAYA DEL CANGREJO, S.L.
under the trademark of , hereinafter, PROVIDER, whose contact details are also included in the Legal Notice of this Web.
These Conditions will remain published on the website available to the USER to reproduce them and keep them as confirmation of the contract, and may be modified at any time by PLAYA DEL CANGREJO, S.L..
It is the responsibility of the USER to read them periodically, since those in force at the time of placing the order will be applicable. PLAYA DEL CANGREJO, S.L. will file the electronic document where the purchase is formalized and will have it available to the USER in case he/she requests it. The contracts will not be subject to any formality with the exception of the cases expressly indicated in the Civil and Commercial Codes and in this or other special laws.
Acceptance of this document implies that the USER:
- You have read, understand and comprehend the above.
- Is a person with sufficient capacity to contract.
- Assumes all obligations set forth herein.
These conditions shall be valid for an indefinite period of time and shall be applicable to all contracts made through the PROVIDER’s website.
The PROVIDER informs that the business is responsible for and is aware of the legislation in force in the countries to which
that sends the products, and reserves the right to unilaterally modify the terms and conditions, without this
may affect assets or developments that were acquired prior to the modification.
Identity of the contracting parties
On the one hand, the PROVIDER of the products contracted by the USER is PLAYA DEL CANGREJO, S.L.,
with registered office at Calle Núñez de balboa, 46 28001 Madrid (Madrid), Tax Identification Number B86659513 and with telephone number of
customer service 687500197.
And on the other hand, the USER, registered on the website by means of a user name and password, over which
has full responsibility for use and custody, and is responsible for the accuracy of the personal data provided to the PROVIDER.
Object of the contract
The purpose of this contract is to regulate the contractual purchase and sale relationship between the PROVIDER and the USER at the moment the USER accepts the corresponding checkbox during the online contracting process.
The contractual relationship of purchase and sale involves the delivery, in exchange for a specific price and publicly displayed through the website, of a specific product.
Rectification of data
When the USER identifies errors in the data published on the website or in the documents generated by the contractual relationship, he/she may notify the email info@elalmacendeloza.com so that PLAYADEL CANGREJO, S.L. corrects them as soon as possible.
The USER will be able to keep his/her data updated by accessing his/her user account.
Contracting procedure
The USER, in order to access the products or services offered by the PROVIDER, must be of legal age or emancipated minor and register through the website by creating a user account. Therefore, the USER must freely and voluntarily provide the personal data that will be required, which will be treated in accordance with the provisions of Regulation (EU) 2016/679, of 27
April 2016 (GDPR), relating to the protection of natural persons with regard to the processing of personal data and the free movement of such data and the Organic Law 3/2018, of December 5 (LOPDGDD), relating to the protection of personal data and detailed in the Legal Notice and Privacy Policy of this website.
The USER will select a user name and a password, committing to use them in the following way
diligently and not to make them available to third parties, as well as to communicate to the PROVIDER the
loss or theft of the same or possible access by an unauthorized third party, so that it proceeds to the
immediate blocking.
Once the user account has been created, we inform you that, in accordance with the requirements of article 27 of the
Law 34/2002, of the Information Society and Electronic Commerce Services (LSSICE), the
The contracting procedure will follow the following steps:
1. General contracting clauses.
2. Shipping and delivery of orders.
3. Right of withdrawal.
4. Online claims and dispute resolution.
5. Force majeure.
6. Competition.
7. General information about the offer.
8. Price and term of validity of the offer.
9. Transportation costs.
10. Form of payment, expenses and discounts.
11. Purchase process.
12. Dissociation and suspension or termination of the contract.
13. Warranties and returns.
14. Applicable Law and Jurisdiction.
1. GENERAL CONTRACTING CLAUSES
Unless otherwise stipulated in writing, the placement of an order with the PROVIDER shall constitute acceptance of the following
by the USER of these legal conditions. No stipulation made by the USER shall be binding on the USER.
differ from those of the PROVIDER if it has not been expressly accepted in advance and in writing by the PROVIDER.
PROVIDER.
2. SHIPPING AND DELIVERY OF ORDERS
The PROVIDER will not ship any order until it has verified that payment has been made.
The shipment of goods will usually be made by MESSAGE EXPRESS (Correos express or Tipsa), according to the destination freely designated by the USER.
Shipment will be made once the availability of the goods has been confirmed and payment has been verified.
order.
The delivery time will be between 2 and 6 working days, depending on the destination town and the method of delivery.
payment method chosen. The estimated shipping and delivery date will be provided prior to order confirmation.
Failure to execute the contract remotely
In the event that the contract cannot be executed because the contracted product or service is not available on the
the USER will be informed of the lack of availability and that he/she will be entitled to
cancel the order and receive a refund of the total amount paid without any cost, and without this resulting in
any liability for damages attributable to the PROVIDER.
The PROVIDER shall not assume any responsibility when the delivery of the product or service does not reach
The information provided by the USER is false, inaccurate or incomplete.
Delivery shall be deemed to have taken place when the carrier has delivered the products to
The USER or the USER’s delegate has signed the document of receipt of the delivery.
The PROVIDER shall be liable to the USER for any lack of conformity that exists at the moment of
the delivery of the order, and the USER may, by means of a simple declaration, demand the correction of
In any of these cases, the price shall be reduced or the contract terminated.
The USER may also demand, in addition, compensation for damages, if applicable.
The USER shall have the right to suspend payment of any outstanding part of the price of the product.
acquired until the PROVIDER complies with the obligations set forth in this contract.
It is the USER’s responsibility to verify the products upon receipt and to state all reservations and claims that may be justified in the delivery receipt document.
In the event that the contracting does not entail the physical delivery of any product, but a download activation on a website, the PROVIDER shall previously inform the USER regarding the procedure to be followed to perform this download.
3. RIGHT OF WITHDRAWAL
Cancellation form
The USER has a period of fourteen calendar days, counted from the date of receipt of the product or from the conclusion of the purchase contract if it is a provision of a service, to exercise the right of withdrawal, as regulated in the Article 102 of Royal Legislative Decree 1/2007, of December 16, 2007. If the PROVIDER does not comply with the duty to provide information and documentation on the right of withdrawal, the period for its exercise will end twelve months after the expiration date of the initial withdrawal period, in accordance with the provisions of the General Law for the Defense of Consumers and Users and other complementary laws, hereinafter RDL 1/2007. to article 105 of RDL 1/2007.
The right of withdrawal shall not apply to the contracts referred to and listed inArticle 103 of the
RDL 1/2007, and which are listed below
All returns must be communicated to the PROVIDER, requesting a return number by means of the
form provided for this purpose, or by e-mail to info@elalmacendeloza.com, indicating the number of
invoice or corresponding order.
The return will be made in the original delivery packaging or in a similar one, assuring the protection of the product.
Once the USER has received the return number, he/she will send the product to the PROVIDER,
indicating this number on the letter of shipment, with shipping costs at your expense, at the address of PLAYA
DEL CANGREJO, S.L., Store El Almacén de Lozaza Calle Núñez de Balboa, 46 28001 Madrid (Madrid).
Playa del Cangrejo SL shall reimburse the User for all payments received, except for shipping costs, without undue delay and in any event no later than 14 calendar days from the date on which Playa del Cangrejo SL is informed of the User’s decision to withdraw.
The User will be reimbursed using the same payment method used by the User to make the initial purchase transaction. This refund will not generate any additional cost to the User. However, Playa del Cangrejo SL may withhold such reimbursement until it has received the products or items of the purchase, or until the User provides proof of the return of the same, depending on which condition is met first.
Return of defective products or shipping error
These are all those cases in which the User considers that, at the time of delivery, the product does not conform to the stipulations of the contract or purchase order, and that, therefore, should contact Playa del Cangrejo SL immediately and let you know of the existing non-conformity (defect/error) by the same means or using the contact details provided in the previous section (Right of Withdrawal).
The User will then be informed on how to proceed with the return of the products, and these, once returned, will be examined and the User will be informed, within a reasonable period of time, whether to proceed with the refund or, if applicable, the replacement of the same.
The refund or replacement of the product will be made as soon as possible and, in any case, within 14 days from the date on which we send you an e-mail confirming the refund or replacement of the non-conforming item.
The amount paid for those products that are returned because of a defect, when it actually exists, will be refunded in full, including delivery costs and the costs incurred by the User to make the return. The refund will be made by the same means of payment that the User used to pay for the purchase.
4. ONLINE CLAIMS AND DISPUTE RESOLUTION
Any complaint that the USER considers appropriate will be dealt with as soon as possible, and may be made at the following contact addresses:
Postal: PLAYA DEL CANGREJO, S.L., Calle Núñez de Balboa, 46 28001 Madrid (Madrid)
Phone: 687500197
E-mail: info@elalmacendeloza.com
Online Dispute ResolutionIn accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for the resolution of online disputes between the USER and the PROVIDER, without recourse to the courts of law, through the intervention of a third party, called a 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 shall not be liable for any failure due to force majeure. Performance of the obligation shall be delayed until the force majeure event has ceased.
6. COMPETENCY
The USER may not assign, transfer or transfer the rights, responsibilities and obligations contracted.
in the sale. Should any provision of these conditions be considered null and void or unenforceable, the validity,
The legality and compliance of the rest will not be affected in any way, nor will they be modified in any way, nor will they be affected in any way.
no way.
The USER declares to have read, to know and to accept the present Conditions in all their extension.
7. GENERAL INFORMATION ABOUT THE OFFER
All sales and deliveries made by the PROVIDER shall be subject to these terms and conditions.
Conditions.
No modification, alteration or agreement contrary to the Commercial Proposal of PLAYA DEL CANGREJO, S.L. or to what is stipulated herein, shall have effect, unless expressly agreed in writing signed by the PROVIDER, in which case, these particular agreements shall prevail.
8. PRICE AND TERM OF VALIDITY OF THE OFFER
The prices indicated for each product or service include Value Added Tax.
(VAT) or other taxes that may be applicable. These prices, unless expressly indicated otherwise, are
not include the cost of shipping or communication, handling or any other services.
and annexes to the purchased product.
The prices applicable to each product are those published on the website and will be expressed in the following currency
EURO. 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 quotation: items, quantities,
price, availability, shipping costs, charges, discounts, taxes and total purchase price.
Prices may change daily until the order is placed.
Once the order is placed, prices will be maintained whether products are available or not.
Any payment made to the PROVIDER will result in the issuance of an invoice in the name of the registered USER or the USER’s name.
of the company name provided at the time of placing the order. This invoice will be sent in
paper format together with the purchased product.
You will be able to download the invoice in PDF format by accessing the web management panel with your user account. If you wish to receive it by e-mail, you must request it by any of the means that the PROVIDER makes available to you, informing you that you may revoke such decision at any time.
For any information regarding the order, the USER may contact the PROVIDER’s customer service telephone number 687500197 or via e-mail at info@elalmacendeloza.com.
9. TRANSPORTATION COSTS
The prices published in the store do not include shipping or communication costs, installation or download costs, or complementary services, unless otherwise expressly agreed in writing.
The shipping costs will be calculated at the moment of saving the basket or quotation, since they are calculated according to the weight of the products and the delivery address.
The maximum transportation rate (VAT included) applied is as follows:
Shipping cost Madrid Community:
0 – 1.99kg: 5€.
2 -4,99kg: 7€.
5-9.99kg: 9€.
10-14.99kg: 12€.
15-50kg: 20 €.
Shipping cost Peninsula:
0 – 1.99kg: 6€.
2 -4.99kg:8€.
5-9.99kg: 10€.
10-14,99kg: 12€.
15-50kg:20€.
Shipping cost Balearic Islands:
1-4.99 kg: 12 €.
5-9.99kg: 20€.
10-14,99kg: 32€.
15-50kg:45€.
Shipping cost Canary Islands:
1-4.99 kg: 16 €.
5-9.99kg: 20€.
10-14.99kg: 32€.
15-50kg:45€.
Free shipping from a purchase of more than 600 euros exclusively for shipments in the Peninsula.
For shipments to other countries inside and outside the EU, the USER must fill out a form to request a quotation,
10. FORMS OF PAYMENT, CHARGES AND DISCOUNTS
The PROVIDER is responsible for the economic transactions and makes possible the following ways for
to make the payment of an order:
- Credit card
The USER may use a discount coupon or gift card prior to the completion of the purchase if received by the PROVIDER.
Safety measures
The website uses information security techniques generally accepted in the industry, such as SSL, secure page data entry, firewalls, access control procedures and cryptographic mechanisms, all in order to prevent unauthorized access to data. To achieve these purposes, the user/customer accepts that the provider obtains data for the purpose of the corresponding authentication of the
access controls.
The PROVIDER undertakes not to allow any transaction that is considered illegal by the trademarks.
credit card companies or the acquiring bank and that may or has the potential to damage their goodwill or negatively influence them.
It is prohibited under the card brand programs to sell or offer a product or service that does not comply with all laws applicable to the Purchaser, Issuing Bank, Merchant or Cardholder of the card(s).
11. PURCHASING PROCESS
Any product from our catalog can be added to the cart. In this one, only the articles, the
quantity, price and total amount. Once the basket has been saved, taxes, charges and discounts will be calculated according to the payment and shipping information entered.
The baskets do not have any administrative link, it is only a section where you can simulate a budget without any commitment on both sides.
From the shopping cart you can place an order by following the steps below for its correct formalization:
1. – Verification of billing data.
2. – Verification of the shipping address.
3. – Selection of the payment method.
4. – Place the order (buy).
Once the order has been processed, the system instantly sends an e-mail to the PROVIDER’s management department and another to the USER’s e-mail confirming the completion of the order.
Orders (purchase requests)
Prior to order confirmation, information on the status of the order and the approximate shipping and/or delivery date will be provided.
12. DISSOCIATION AND SUSPENSION OR TERMINATION OF THE CONTRACT
If any of these terms and conditions shall be deemed unlawful, void or for any reason unenforceable, this
condition shall be deemed severable and shall not affect the validity and enforceability of any of the remaining conditions.
The PROVIDER may, without prior notice, suspend or terminate the USER’s access to its services, in whole or in part, when the USER fails to comply with the obligations set forth in this contract or any applicable legal provision, license, regulation, directive, code of practice or policy.
When the PROVIDER exercises any of its rights or powers under this Clause, such exercise shall not prejudice or affect the exercise of any other right, power or remedy that may be available to the PROVIDER.
13. WARRANTIES AND RETURNS
The User, as a consumer and user, enjoys guarantees on the products that he/she may acquire through this Website, in the terms legally established for each type of product, the PROVIDER, therefore, being liable for the lack of conformity of the same that is manifested within a period of two years from the delivery of the product.
In this sense, it is understood that the products are in conformity with the contract provided that: they conform to the description made by the PROVIDER and possess the qualities presented therein; they are suitable for the uses to which products of the same type are ordinarily intended; and they present the usual quality and performance of a product of the same type and which are fundamentally to be expected of the same. When this is not the case with respect to the products delivered to the User, the User must proceed as indicated in the section Return of defective products or error in shipment. However, some of the products marketed on the Web Site may present non-homogeneous characteristics as long as these derive from the type of material from which they have been manufactured, and which will therefore form part of the individual appearance of the product, and will not be a defect.
On the other hand, it could be the case that the User acquires on the Website a product of a brand or manufactured by a third party. In this case, and considering that the User is dealing with a defective product, the User also has the possibility of contacting the brand or manufacturer responsible for the product to find out how to exercise its legal warranty rights directly against them during the two years following the delivery of such products. To do so, the User must have retained all information relating to the warranty of the products.
The guarantees will respond to the provisions of the Title referred to “Guarantees and after-sales services” of the Royal Legislative Decree 1/2007, of November 16, 2007, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, which can be accessed by clicking here. here
14. APPLICABLE LAW AND JURISDICTION
These terms and conditions shall be governed by or construed in accordance with Spanish law in all matters not expressly provided for in these terms and conditions.
expressly established. Any controversy that may arise from the provision of the products or services
services subject to these Conditions shall be subject to the courts and tribunals of the USER’s domicile, the place of fulfillment of the obligation or the place where the property is located if it is immovable.