This document establishes the general conditions of the contractual relation that has for object the purchase and sale of products offered from this Web page, and of which is proprietor PEDRO PASCUAL JOIERS, S.L. (Hereinafter referred to as "PEDRO PASCUAL JOIERS") residing at Murtra Street, 67-69, CP: 08032 Barcelona, company registered in the Barcelona Mercantile Registry, Volume 35.911, Folio 73, Sheet B-270907, CIF: B63207187, and natural and / or legal persons (hereinafter "CONTRACTING PARTY") who declare their willingness to buy the products through the request made via the Internet through this website. All rights that the current laws recognize to consumers and to which reference may be made, shall apply exclusively to customers who have such consumer consideration and act for purposes other than their commercial, business, trade and profession. In case the CONTRACTING PARTY does not have the status of consumer, according to current regulations, the precepts that the law only recognizes to this group will not be applied.
In the event that any of the provisions made under these conditions are applicable only to CONTRACTORS that were in their professional or tradesman's duties, this shall be expressly indicated. These requests from users constitute the particular conditions. to which these general conditions are associated, which the CONTRACTOR must necessarily accept telematically prior to the purchase of the product. The CONTRACTING PARTY is exposed through this same Web site the present conditions, to read, print, archive and accept. The present general conditions attached to the request of the concrete products made by the CONTRACTOR imply the formalization of the contract of sale between PEDRO PASCUAL JOIERS and the CONTRACTING PARTY that affirms to have read, understood and accepted the present conditions. The CONTRACTING PARTY can always consult these general conditions through the website.
FIRST. - PURPOSE OF THE CONTRACT. -
By these General Conditions, PEDRO PASCUAL JOIERS undertakes to deliver to the CONTRACTOR the products that it has requested through the Web site in exchange for a certain price.
By purchasing the products available on this website, the CONTRACTOR declares that:
A) That he is a person of legal age and capable of hiring.
B) That you have read, understand and accept these General Conditions of Contract.
SECOND. - ACCEPTANCE AND PROOF OF ACCEPTANCE. -
The purchase of the products must be done through the activation of the "ADD TO THE CART" button that appears on the right side of the purchase requests, and expresses the acceptance of the Conditions of Contract as shown on the website of PEDRO PASCUAL JOIERS and in section "Go to the box" prior to the purchase of the products / services contracting, without being applicable any developments that may occur in the clauses of the Conditions of Contract afterwards.
From the moment of acceptance, the user acquires the status of PEDRO PASCUAL JOIERS Client described in these General Conditions of Contract. Any product or service subsequently offered by PEDRO PASCUAL JOIERS must be subject to a new contract.
If the Customer wishes to read the Conditions of Contract more closely, he may print on paper or save the document in electronic format.
PEDRO PASCUAL JOIERS will send to the Client, once expressly accepted the present Conditions of Contract, justification of the contracting effected, with all its terms, through electronic mail before 24 hours of the purchase are fulfilled.
PEDRO PASCUAL JOIERS informs you that for legal reasons you file the electronic documents in which the purchases are formalized, to which you can access these documents at any time.
THIRD. - ALTERATION OF GENERAL CONDITIONS. -
PEDRO PASCUAL JOIERS reserves the right to modify these General Conditions at any time, without prior notification to the CONTRACTING PARTY, which in any case is responsible for reviewing them as a prerequisite to the acquisition of any product available through this website. In any case, the General Conditions that are exposed in the Web page will be considered as valid and applicable in the moment that the CONTRACTOR acquires the corresponding products.
FOURTH. - RIGHTS AND OBLIGATIONS OF PEDRO PASCUAL JOIERS. -
4.1. Delivery of the product.- PEDRO PASCUAL JOIERS undertakes to deliver the product in perfect condition at the address that the CONTRACTING PARTY indicates in the order form which includes the particular conditions that are attached to these General Conditions. PEDRO PASCUAL JOIERS will not be responsible for errors caused in the delivery when the data entered by the CONTRACTING PARTY in the order form are not true or have been omitted. The approximate delivery time for each product is indicated in the sheet of the same, not exceeding in any case the period of fifteen days.
In case of lack of availability of the requested product, PEDRO PASCUAL JOIERS will inform of this fact to the CONTRACTING PARTY and the delay provided by electronic mail or at the telephone number provided by the CONTRACTING PARTY will be communicated. PEDRO PASCUAL JOIERS may give the option to the CONTRACTOR to cancel their order or purchase an alternative item that may have been offered. In case of no response, it will be understood that the CONTRACTING PARTY wishes to wait for the given term. In case of inability to supply the requested product, either due to a lack of supply of PEDRO PASCUAL JOIERS suppliers or for any other reason, the CONTRACTOR will also be informed of this fact and the order will be canceled without penalty, PEDRO PASCUAL JOIERS to the full refund of the amount of your purchase within a maximum period of 15 days, unless special conditions identified, if any, on the product's own sheet.
4.2. Responsibility of PEDRO PASCUAL JOIERS. Under no circumstances will be responsible for:
4.2.1. Errors, delays in access by the CONTRACTING PARTY when entering their data in the order form, slow or impossible to receive by the recipients of the order confirmation or any anomaly that may arise when these incidents are due to problems in the Internet network, causes of a fortuitous event or force majeure and any other contingencies unforeseeable outside the good faith of the company. In any case PEDRO PASCUAL JOIERS is committed to solve the problems that may arise and to offer all the necessary support to the CONTRACTOR to arrive at a quick and satisfactory solution of the incidence..
4.2.2. The errors or damages caused by a use of the service inefficient and in bad faith by the CONTRACTING PARTY.
4.2.3. Non-operation or problems in the email address or telephone number provided by the CONTRACTOR to send the order confirmation.
4.3.1. PEDRO PASCUAL JOIERS guarantees that all Products available for sale on the website comply with international and Community standards applicable to product safety.
4.3.2. The warranty that applies to the non-consumable Product when delivered to the CONTRACTING PARTY is two years, provided that the Product is used by the CONTRACTING PARTY under normal conditions of use, such as those described in the Product sheet and in the Catalogs made available to the CONTRACTING PARTY.
4.3.3 PEDRO PASCUAL JOIERS is not obliged to indemnify the CONTRACTING PARTY or third parties for the consequences of the use of the Product, whether direct or indirect damages, accidents suffered by persons, damages to the property of others, especially in the event that the Product has been Consumed differently from the ones indicated on the card.
4.3.4. The CONTRACTING PARTY may exercise its right of withdrawal within the term of fourteen (14) calendar days following the date of delivery of the Products provided that it is in perfect condition and with its original packaging (without having made use or consumption).
The Client may exercise the right of withdrawal by contacting PEDRO PASCUAL JOIERS through "PEDRO PASCUAL JOIERS, SL", which is provided on the website, in the "Terms and conditions" section (choose as Subject: Customer Service to the client)
The Customer may obtain a refund of the price of the returned Product once it has been received at our premises and verified by our warehouse team, within a maximum period of fourteen (14) calendar days from the date on which PEDRO PASCUAL JOIERS the right of withdrawal, in the same modality in which the payment of the purchase was made.
The cost of transporting the return will always be the responsibility of the Client and will be made with the transportation agencies designated by PEDRO PASCUAL JOIERS.
To make a correct return of the Products, it will be necessary to follow the following guidelines:
Products must be returned in their original packaging. Products may not have been used and / or consumed..
The Products must be accompanied by the delivery note.
Upon arrival at our warehouse, the status of the Products will be assessed. If you do not comply with the regulations and stated conditions established for the returns and their status is incorrect, we reserve the right to pay a lower or zero amount for the Damaged Product or Products.
In case the products do not arrive in perfect conditions due to causes attributable to the Consumer PEDRO PASCUAL JOIERS reserves the right to pay a lower or zero amount for your order based on the depreciation of the value of the product.
IMPORTANT: If the CONTRACTOR decides to make a total return of the order. The expenses of return derived from the exercise of the right of withdrawal, will be on account of the same.
The right of withdrawal recognized in this clause is understood without prejudice to the exceptions to it that the legislation itself sets. In an expressive and not exhaustive way, this right cannot be exercised in relation to goods that, by their nature, cannot be returned or can deteriorate, including expressly, products that have been customized at the request of the consumer.
FIFTH. - RIGHTS AND OBLIGATIONS OF THE CONTRACTOR. -
5.1. Payment.- The CONTRACTOR undertakes to pay in advance the amount for the Product actually requested in the following amount and form:
5.1.1. Amount. - The price for the Product actually requested by the CONTRACTING PARTY, will be the one indicated on the web page and that appears in the specific request of the CONTRACTING PARTY at each moment, requests that will constitute the particular conditions of the concrete request. The prices of the products that appear on the website include VAT, the amount of which will be calculated at the time of ordering, as appropriate.
At the price that appears on the website for each of the products offered will have to add the relevant shipping costs. PEDRO PASCUAL JOIERS, undertakes to inform the CONTRACTING PARTY of the cost of the shipping costs, prior to formalizing the purchase itself and in the confirmation email of the same.
• Residents in the European Union
The prices of these services and / or products have added the Value Added Tax (I.V.A.) that corresponds according to the applicable regulations.
Purchases made by taxable persons of the I.V.A. Resident in the European Union and endowed with intra-Community Tax Identification Number, will be exempt from payment of VAT, being an essential condition to send this document by email to email@example.com to carry it out.
• Residents in non-EU countries
Purchases made by natural or legal persons resident in non-EU countries will be exempt from payment of VAT. Due to their tax regime, they are considered Extra-Community territories: Canary Islands, Ceuta and Melilla.
5.1.2. Forms of payment. - The CONTRACTOR shall pay the amount corresponding to his order by:
- Credit or debit card (VISA OR MASTERCARD): entering your data in the virtual POS existing on the website. By accepting this means of payment, the CONTRACTOR confirms to be authorized to use the card used for this purpose, being the owner of the same. Card payments are subject to the provisions of Law 16/2009, of 13 November, on payment services, especially regarding payment orders and conditions for revocation.
-Bank transfer: for which PEDRO PASCUAL JOIERS will send an email to the CONTRACTING PARTY with the necessary information to proceed.
- Pay Pal: PEDRO PASCUAL JOIERS is not responsible for errors that may occur in relation to the operation of the Pay Pal system (service with detailed added cost when ordering).
5.1.3. Invoice. - PEDRO PASCUAL JOIERS will issue a physical invoice that will be sent to the email of the CONTRACTING PARTY, if he so requests.
The invoice will be issued in the name of the person making the order, so the CONTRACTOR must be sure to record the correct and complete data of the buyer. No further changes will be possible.
5.2. Responsibility of the CONTRACTOR. - In any case, it will be the responsibility of the CONTRACTING PARTY:
5.2.1. The CONTRACTOR assumes all risks of deterioration, damage and loss of the Products from the moment they have been made available by the third party who, on behalf of PEDRO PASCUAL JOIERS, delivers the requested products.
5.2.2. The CONTRACTING PARTY undertakes to verify the good condition of the Product before the third party who, on behalf of PEDRO PASCUAL JOIERS, performs the delivery of the Product requested, indicating at that same moment any anomaly that could detect in the packaging.
If, after reviewing the content, the CONTRACTING PARTY detects any incidents such as, blow, breakage or any defect caused by the shipment, it undertakes to notify PEDRO PASCUAL JOIERS within a period not exceeding 24 hours after receipt of the product.
SIXTH. - RESPONSIBILITY. -
6.1.- PEDRO PASCUAL JOIERS in no case shall be responsible for:
6.1.1.- Failures and incidents that could occur in communications, deletion or incomplete transmissions so that it is not guaranteed that the services of the website are constantly operational.
6.1.2.- Of the production of any type of damage that the CONTRACTING PARTY or third parties could cause in the Web site.
6.2.- PEDRO PASCUAL JOIERS reserves the right to suspend access without prior notice in a discretionary manner and with a definitive or temporary nature until the assurance of the effective responsibility of the damages that could occur. Likewise, PEDRO PASCUAL JOIERS will collaborate and notify the competent authority of these incidents at the moment in which it is aware that the damage caused constitutes any type of illegal activity.
SEVENTH. - COPYRIGHT AND MARK. -
PEDRO PASCUAL JOIERS informs that its own contents, photographs, programming and the design of the web page are fully protected by copyright, being prohibited any reproduction, communication, distribution and transformation of the above-mentioned protected elements unless express consent of PEDRO PASCUAL JOIERS. The marks of the products that PEDRO PASCUAL JOIERS sells through the Web page, as well as his own, belong to their rightful owners. PEDRO PASCUAL JOIERS can establish links or hyperlinks to articles or information from third parties always citing the source. The legitimate owner of the copyright of this information thus included, may request at any time the elimination of such references.
EIGHTH. - COMPETENT JURISDICTION AND APPLICABLE LAW. -
These general conditions are governed by Spanish law. In order to determine the place of conclusion of the sale to which the present General Conditions are subject, the provisions of article 29 of Law 34/2002, of July 11, on services of the information society and of electronic commerce. In case the CONTRACTING PARTY does not have the status of consumer, any relational conflict with the interpretation or execution of these General Conditions of Contract will be submitted to the jurisdiction of the Courts of the city of Barcelona.
NINTH. - ALTERNATIVE PROCEDURE FOR THE RESOLUTION OF ONLINE LITIGATIONS. -
Notwithstanding the foregoing clause, the European Commission provides an online dispute resolution platform which is available at the following link: http://ec.europa.eu/consumers/odr/. Consumers will be able to submit their claims through the online litigation resolution platform.
TENTH. - NULLITY OF CLAUSES. -
In case any clause in these General Conditions is declared null, the other clauses will remain in force and will be interpreted considering the will of the parties and the very purpose of these conditions. PEDRO PASCUAL JOIERS may not exercise any of the rights and powers conferred on this document which shall not imply in any case the waiver thereof unless expressly acknowledged by PEDRO PASCUAL JOIERS.