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GENERAL CONDITIONS OF MOISES SHOWROOM
TITLE III: "CONDITIONS FOR ELECTRONIC SALES BETWEEN MOISES SHOWROOM AND USERS"
1. GENERAL TERMS AND CONDITIONS OF CONTRACT. PRE-EMPLOYMENT INFORMATION
1.1. These general terms and conditions of contract, together with any specific conditions that may be established, shall expressly regulate the relations arising between Moisés Suministros, S.l., with registered office at C/San Ramón 8 CP22300 Barbastro, Huesca and with C.I.F. B22291652 and third parties who contract the products offered through the Store.
1.2. These General Terms and Conditions have been drawn up in accordance with the provisions of Law 34/2002, on information society services and electronic commerce, Law 7/1998 on General Contracting Conditions, Royal Decree 1906/1999 regulating telephone or electronic contracting with general conditions in development of Article 5.3 of Law 7/1998, the General Law 26/1984 for the Defence of Consumers and Users, Law 7/1996 on the Regulation of Retail Trade, Royal Decree-Law 14/1999 regulating Electronic Signatures and any other applicable legal provisions.
1.3 By using the Portal and/or acquiring any of the products in the Store, you agree as a User, without reservations of any kind, to each and every one of the General Terms and Conditions of Contract, the General Terms and Conditions of Use of the Portal and, where applicable, the Specific Terms and Conditions that, where appropriate, govern the acquisition.
1.4 Moises Showroom informs that the procedures for the acquisition of goods are those described in these general conditions, as well as those other specific procedures that are indicated on the screen during browsing, so that the User declares that they are aware of and accept these procedures as necessary to access the products and services offered on the Portal.
1.5 Any modification and/or correction of the data provided by Users while browsing must be made in accordance with the indications included in the Portal.
2. PRODUCTS OFFERED. PURCHASE SYSTEM.
2.1 The Products offered in the Store, together with their characteristics and price, will appear on the screen. The prices indicated on the screen are in euros and include VAT and any other tax that may be applicable and will be in force at all times. The prices indicated on the screen do not include shipping costs, if any, they are specified once the order is started (for more information on shipping costs you can consult here). Offers will be duly indicated on the screen. Moises Showroom reserves the right to decide at any time the products that are contained and offered to Users through the Store. In this way, Moises Showroom may at any time add new products to those included in the Store, it being understood, unless otherwise provided, that such new products will be governed by the provisions of the General Conditions in force at that time.
Moises Showroom reserves the right to stop providing access, at any time and without prior notice, to any of the products offered in the Store, as well as to cancel within 48 hours any order that is detected with any error in prices due to technical problems due to massive changes in rates.
2.2. To purchase the products in the Store, Moises Showroom will ask users, who must be over 18 years of age, to complete the instructions that appear on the screen and that will require the following instructions, as well as any others that are included in the different screens of the Store: (i) Complete completion of the electronic form that appears in the Store at any time following the instructions indicated therein. (ii) Pressing the ACCEPT icon/button. (iii) Receipt of the User's email account of the order agreement.
2.3. To proceed with the purchase of Products, you must add the product you wish to purchase in the Shopping Cart, according to the indications on the screen, once all the products have been chosen, you will accept the purchase which implies the reading and irrevocable acceptance of each and every one of these General Conditions, as well as, where appropriate, of the existing Specific Conditions. The purchase prices will be those in force at the time the order is placed.
2.4. Once the purchase has been made and as soon as possible, always within twenty-four hours of the execution of the purchase, the Customer Service Department of Moises Showroom will send the User by e-mail a receipt of the contract made. The Client may download the invoice in PDF format in their user area , they may also request it by email (info@moises-showroom.com) and Moises Showroom will send the corresponding invoice. The order confirmation and proof of purchase will not be valid as an invoice. The consumer is also entitled to receive the invoice in paper format free of charge upon request.
3. METHODS OF PAYMENT, DELIVERY AND WITHDRAWAL OF ORDERS.
3.1 Payment of the price of the purchased goods, which will appear on the screen, can be made by 3 different methods:
All our payment methods are secure.
Credit card: Payment by credit card (Visa, Visa Electron, MasterCard). It is done directly on Banco Sabadell's payment gateway through a secure server (SSL) to guarantee maximum security in the transmission of your data. In order to increase security in purchases made through our online store, we only accept payments with secure cards in which authentication of your identity as the cardholder is carried out according to the method established by your bank, personal code, PIN, SMS...
Wire transfer: Payment by bank transfer or deposit in our Banco Sabadell account. If you choose this payment method, you will receive an email with our bank details so that you can make the transfer or deposit it into our account. The costs of the transfer to are always borne by the customer. If you pay by bank transfer or direct deposit into your account, don't forget to indicate your name and surname as well as the order number.
Payment financed through Cetelem: We offer you the possibility of financing your purchases interest-free (NIR 0.00% / APR 0.00%), in comfortable terms of 3, 6, 9, 12 and 18 months through Cetelem Spain, BNP Paribas group. Minimum amount to be financed ≥ €120 and minimum monthly payment ≥ €12.
To proceed with the payment, the User must follow each and every one of the instructions that appear on the screen.
In order to guarantee the greatest security to our customers, Moises Showroom reserves the right to request the documents corresponding to the identity and means of payment of the User, prior to the delivery of the order.
3.2 Moises Showroom undertakes to deliver the goods purchased by the User, to the address of the Buyer indicated for this purpose in the order form (products will never be delivered to PO boxes), within the agreed period and always delivered at street level to the delivery address indicated. If the product is in stock, the delivery time will be 24/48 hours, which we consider immediate delivery. If the product is not in stock, the delivery date is indicated on the product sheet. When we place the order with the brand we will inform you of the delivery time that the manufacturer has communicated to us, if you do not agree we will suggest a product with similar characteristics or a money back. You can hire a home delivery service with assembly in the shopping basket when you are formalizing the order. €120 (VAT included) will be added for this service. If the use of a crane, lifting platform or municipal permits is necessary for delivery, they will always be paid for by the client and will never be assumed by Moises Showroom.
3.3 The User/Buyer, in the event of detecting any type of damage caused by transport, must notify us as soon as possible. All orders are sent under comprehensive insurance that has a very limited validity, once this period has passed the transport agency will not admit the claim. It is recommended that the user/buyer send a photograph of the damage by email in order to process the incident with the transport agency. We recommend that the return be made in its original packaging because it is the most suitable so that the item does not suffer further damage.
3.4. The User/Buyer, in the event of not being satisfied, will have a period of 14 calendar days to resolve the sale without incurring a penalty, provided that the nature of the purchased property allows it.
The fourteen-day period established in the previous paragraph will be calculated from the receipt by the Buyer of the purchased goods. In any case, it will be understood that the Buyer has been aware of the right of withdrawal from the moment they enter the Store, which requires the reading and acceptance of these General Conditions, and in any case from the moment they place the order. Download the form to exercise the right of withdrawal here. Although its use is not mandatory.
Returns of orders must be sent to the address of Moisés Suministros S.L., Avenida Ejercito Español, 52 CP22300 Barbastro, Huesca. The User/Buyer has exercised the right of withdrawal. The costs generated by this return will be borne by the User/Buyer. Moises Showroom will refund the full amount of the order within a period of no more than 14 calendar days, using the same means of payment used by the consumer for the initial transaction, unless the consumer expressly provides otherwise. If the consumer is the one who returns the good, the refund that has been withdrawn may be withheld depending on which of the following conditions is met first: Until the goods are received or until the consumer presents proof of return of the good such as proof from the transport company.
Excluded from the right of withdrawal are all those goods that are not in stock in our warehouses have been made or ordered from the factory expressly for a customer, in accordance with the specifications of the product or clearly personalized goods.
Moises Showroom has Complaint Forms available to the consumer (Decree 152/2001 of 13 September of the CAM).
4. WARRANTY OF CONSUMER GOODS.
4.1 In the event of any lack of conformity at the time of delivery of the goods, the entrepreneur will be liable to the consumer for any defects that manifest themselves within a period of three years from delivery, which will be understood to have been made on the day that appears on the invoice or purchase receipt, or on the delivery note if this is later.
Unless proven otherwise, it will be presumed that the lack of conformity that manifests itself in the two years following the delivery of the property already existed when it was delivered.
Through a simple declaration, the consumer may demand that the entrepreneur rectify the lack of conformity, reduce the price or terminate the contract.
In order for the good to be brought into conformity, the consumer may opt for repair or replacement, unless one of these two options is impossible or involves disproportionate costs for the entrepreneur.
These measures must meet the following requirements:
- They will be free of charge for the consumer, including the expenses that are necessary for the goods to be brought into conformity, especially the costs of shipping, transport, labor or materials.
- They will be carried out within a reasonable period of time from the moment the employer has been informed of the lack of conformity and without major inconvenience to the employer.
4.2 You can consult our after-sales assistance service, aimed at providing assistance to the consumer and user with regard to the assembly and/or use of the purchased product.
5. APPLICABLE LAW. SUBMISSION TO JURISDICTION.
5.1 This contract will be governed by Spanish law, which will be applicable to what is not provided for in this contract in terms of interpretation, validity and execution.
5.2 Our entity is a member of Confianza Online (Non-profit Association), registered in the National Registry of Associations Group 1 Section 1, national number 594400, CIF G85804011, Carrera de San Jerónimo, 18 4º-1 28014 Madrid (Spain). For more information: www.confianzaonline.es
These General Conditions are governed by Spanish law. Likewise, in compliance with the provisions of the Alternative Dispute Resolution Law, we inform consumers that, as a member entity and under the terms of its Code of Ethics, users may turn to Confianza Online for the alternative resolution of eventual disputes (https://www.confianzaonline.es/como-reclamar/formulario-de-reclamaciones/). If these refer to electronic transactions with consumers, or data protection when they are related to this area, the complaints will be resolved by the Confianza Online Mediation Committee, accredited for the alternative resolution of consumer disputes. If the complaints relate to digital advertising, or data protection related to this area, they will be submitted to the AUTOCONTROL Advertising Jury.
We also remind you that you can access the European Union's online dispute resolution platform by following this link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=ES .
6. Information about the disposal of waste electronic equipment (FAEE)
It is not allowed to dispose of electrical and electronic equipment ("EEE"), in household waste containers or in any other that is not specifically intended for this purpose, nor on public roads. Batteries and accumulators that are not attached to EEE must be separated from them. The User may deliver the batteries, after use and at their choice, to specific collection points. EEE waste ("WEEE") must be accompanied by the following symbology to indicate that it complies with Directive 2012/19/EU, Royal Decree 110/2015 and other applicable regulations ("WEEE Regulations") on Waste Electrical and Electronic Equipment ("WEEE"), including the identification of harmful substances, specifically "Cd" for Cadmium, "Hg" for Mercury and "Pb" for Lead:
Consequently, with the purchase of a Product that has the status of EEE, in accordance with the above, the User may deliver to the Seller a WEEE of an equivalent type (under the terms set out in the applicable regulations) at the point of delivery of the EEE or at the User's home where the EEE is supplied. In the event that the User requires the collection of WEEE at home, they must request it through customer service by calling 957 108 238.
In the event that the delivery of the WEEE is not made to the User's home, the User will have a period of thirty (30) calendar days to deposit the WEEE at our physical point of sale in Cordoba, and on the day of delivery of the WEEE, within the aforementioned period, the simplified invoice accrediting the EEE acquired must be displayed.
The User must package the EEE securely for transport, using a stable package that prevents the movement of the interior elements, being able to do so and if necessary fill the package with filler elements (for example, periodic). The User must ensure that when sending the EEE they are separated from the batteries and accumulators that are removable, as well as delete their corresponding personal data.
The provisions of this section are without prejudice to the User's right to freely deposit WEEE at the collection points specifically established by the Local Entities and Manufacturers of EEE at the collection points specifically established by the Local Entities and Manufacturers of EEE in accordance with the provisions of current regulations