General contract conditions
The present General Contract Conditions (hereinafter, the CONDITIONS) are established between Ana María Alonso Pérez, with registered address at R/ Malladoura, 9, 36729 Baldráns, Tui (Pontevedra) Spain and NIF number ES 76987204V (hereinafter the OWNER) and any physical person or legal entity placing an order (hereinafter the CLIENT) through the website www.cabuxa.com, property of the OWNER (hereinafter, the WEBSITE).
2. Object and field of application
The OWNER places at the disposal of the CLIENT the present CONDITIONS, that will govern the contracting of products and services via the WEBSITE. This document is permanently displayed on the WEBSITE, with the CLIENT able to consult it, file it or print it.
The present CONDITIONS are available in the following languages:
The CLIENT agrees to observe and rigorously comply with the provisions established herein, as well as with any other legal provision that may be applicable.
Acceptance of this document implies that the CLIENT:
- Has read and understood what is established herein.
- Is of age and with sufficient capacity to enter into a contract.
- Assumes all the obligations established herein.
The present CONDITIONS will be valid for an indefinite period of time and will be applicable to all contracts entered into through the WEBSITE.
The OWNER reserves the right to unilaterally change said CONDITIONS, without this affecting goods or promotions acquired prior to the modification.
3. Contractual procedure
The CLIENT, in order to access the services offered by the OWNER, must first register on the system by creating a user account. To this effect, the CLIENT must freely and voluntarily provide the personal details required.
The CLIENT, registered on the WEBSITE via username and password, for which they have complete responsibility for use and custody, is responsible for the veracity of the personal data facilitated to the OWNER.
The CLIENT agrees to make diligent use of their access data, and not make it available to third parties, as well as to communicate any loss or theft of same to the OWNER or any possible access to same by an unauthorised third party, in such a way that the CLIENT account can be immediately blocked.
The CLIENT may not select a username with words that seek to confuse others by identifying him/herself as integral part of the OWNER, or use obscene and offensive words, or generally anything that contravenes the Law, or the requirements of good taste.
Once the user account has been created, the CLIENT is informed that in accordance with article 27 of Law 34/2002 regarding Information Society Services and Electronic Commerce, the contractual procedure will consist of the following steps:
- Consultation of information and configuration of products: the CLIENT can consult information on any of the products offered by the OWNER. This information may include the product name, its description, and images purely for illustrative purposes, together with price.
- Add products to the shopping cart or basket: the CLIENT can add whatever products they wish to acquire into their shopping cart or basket by clicking on the "Buy" link.
- Check your shopping cart or basket: if they so wish, the CLIENT can at any time consult the status of their shopping cart or basket. In order to do so they must use the "Cart" link. The name or designation of each product acquired will be displayed, together with description (if applicable), unit price, quantity and sub-total. In addition, the total amount for all the products added to the shopping cart or basket will also be displayed.
- Place an order: in order to place an order, the CLIENT must use the "Place order" link. The system will display a succession of forms that will require information from the client and will display details of the order. The CLIENT must complete the purchase process by providing the details requested and clicking on the "Continue" link.
- Complete order: once the CLIENT accepts the order it is understood that they give their consent to the validity and effectiveness of the purchase contract binding to both parties.
In any case, the WEBSITE will inform the CLIENT via electronic mail once the contractual procedure is complete of all the characteristics, price, transportation methods, contract date and delivery estimate for the product or service contracted.
4. Price and validity of the offer
All the prices indicated for each product include Value Added Tax (VAT) and are expressed in Euros (€). Said prices do not include delivery costs, which will be published on the website and automatically applied during the order placing phase.
The prices of the products offered, save for typographical errors, are the prices currently available, without the existence of different prices on different dates being binding in any way, and therefore orders will only be accepted wherein the amount paid coincides with the price published on the WEBSITE on the order date.
The methods of payment accepted are the following:
- Bank card
When the CLIENT places an order this implies the full and complete acceptance of the prices, description of the products for sale, the method of payment indicated and these present CONDITIONS, as well as any others specified on the order itself.
Every order placed with the OWNER will include the issuing of an order confirmation that will be automatically sent to the electronic mail address provided by the CLIENT.
For any other information about the order, the CLIENT can contact the OWNER via the usual channels:
- Postal address: R/ Malladoura, 9, 36271 Baldráns, Tui (Pontevedra) Spain
- Customer service telephone: (+34) 986 629 197
- E-mail address: firstname.lastname@example.org
Whatever the method of communication, the order number assigned and indicated in the order confirmation e-mail must be included.
Placing an order implies acceptance of the present CONDITIONS on the part of the CLIENT, as well as any others specified in the order itself.
6. Delivery of orders
The OWNER delivers orders to the following territories:
- European Union (*)
(*) Except in the following territories: the Italian waters of Lake Lugano, Campione d’Italia, Corcega, French overseas departments (DOM), Gibraltar, Island of Heligoland, Isle of Man, the Åland Islands, the Channel Islands, Livigno, Mount Athos, Sicily, territory of Büsingen, the areas not under the effective control of the Government of the Republic of Cyprus.
Orders will be delivered to the delivery address freely designated by the CLIENT. To this effect, the OWNER accepts no responsibility whatsoever when the delivery of the product or service does not proceed as a result of the data facilitated by the CLIENT being false, inexact or incomplete, or when the delivery cannot be made for reasons beyond the control of the OWNER, such as absence of the addressee
The responsibility acquired by the OWNER of selling and delivering the merchandise on offer remains subject to product stock and the availability of same. The OWNER, as part of the quality and customer service commitment, will at all times seek to ensure that the products advertised are available. However, in the event of exceptional circumstances that lead to depletion of stock, the order and its corresponding contract between the parties will be void.
Transportation costs are those indicated in each case during the purchasing process.
The deliveries to the Canary Islands, Ceuta or Melilla may be subject to customs duties and local taxes
Estimated delivery times are as follows:
- Mainland Spain: maximum 3 working days.
- For the rest of Europe: 6 working days
7. Right of withdrawal
The CLIENT will have a period of 15 days from date of receipt of the product to return same. Unless the return is made due to defects in the product, costs relating to same will be assumed by the CLIENT.
Any product needing to be changed or returned must always be done so with the original packaging and labelling intact, conveniently packaged and correctly protected. The item to be returned must be in the same condition in which it was received, which will be determined by the OWNER. In order to return an order, it must be in perfect condition, in its original packaging and without having been unsealed or used. The order amount pertaining to the merchandise will be refunded within a maximum of 10 days from receipt under the conditions afore-mentioned. Promotional gifts or items (free of charge) are not susceptible to change or refund/return.
In the event of non-compliance, the CLIENT may choose between replacement or a credit note for the equivalent price. A replacement will be made always providing product stock is available in the OWNER'S warehouse.
9. Protection of personal data
10. Complete Agreement
The present CONDITIONS constitute the complete agreement between the parties referred to. In the event that one of the clauses of the present CONDITIONS were to become null and void, this would not affect the remaining conditions.
11. Applicable legislation
The present CONDITIONS are governed by Spanish legislation. They are specifically subject to Law 3/2014, of 27th of March, approving the revised text of the General Law of Consumers and Users and other complementary legislation, approved by Royal Legislative Decree 1/2007, of 16th of November, approving the revised text of the General Law of Consumers and Users and other complementary legislation; Royal Decree 1906/1999 of 17th of December, regulating Telephonic or Electronic Contracts; Organic Law 15/1999 of 13th of December, regarding the Protection of Data of a Personal Nature; Law 7/1996, of 15th of January, pertaining to Retail Trade; Law 7/1998 of 13th of April, about General Contract Conditions; Law 34/2002 of 11th of July, regarding Information Society Services and Electronic Commerce, as well as legislation extending all of the afore-mentioned.
The Courts and Tribunals of Tui (Pontevedra) Spain will be the competent bodies for the resolution of any dispute or conflict relating to the present WEBSITE or the activities undertaken therein, with the CLIENT expressly renouncing any other jurisdiction that may be available to them.