E-COMMERCE (PRODUCTS). General contracting terms and conditions
GENERALTERMS AND CONDITIONS
This contractual document shall govern the purchasing and delivery of products and services through the website www.zenplicity.es, property of EL RINCON DE LA ARMONIA S.L., hereinafter the PROVIDER.
Accepting this document implies that the USER:
- Has read and understood the above.
- Is a person with sufficient capacity to enter into contract.
- Assumes all obligations set forth herein.
These conditions will be valid indefinitely and applicable to all orders submitted through the PROVIDER's website.
The PROVIDER informs that the business is liable and understands the current laws of the countries to which it sends its products and reserves the right to unilaterally modify the conditions, without affecting the goods or promotions acquired prior to the modification.
Identity of the contracting parties
On one part, the supplier of the goods or services contracted by the USER, EL RINCON DE LA ARMONIA S.L., whose registered address is at URBANIZACION MONTE PICAYO - PASEO DE LEVANTE, 204 - 46530 PUÇOL (Valencia), TIN B98227846 and telephone number for customer/USER service 670953457.
The USER, may choose between two options to access the services offered by the PROVIDER:
- Register as user account on the website through a username and password, over which it has full responsibility for use and custody, and is responsible for the veracity and accuracy of the personal data provided to the PROVIDER
- Act as a guest user, being in this case also responsible for the accuracy and veracity of the data provided.
Purpose of the contract
The purpose of this contract is to regulate the contractual trade relationship between the PROVIDER and the USER, which arises when the USER accepts by ticking the corresponding box during the online contracting process.
The contractual trade relationship involves the delivery of a specific product or service, in exchange for a certain price which is publicly displayed on the website.
The USER, in order to access the services or products offered by the PROVIDER, as we have already mentioned, can register through the website by creating a user account or can access such services or products as a guest user.
If the USER creates a user account, they will select a username and password, committing themselves to make diligent use of them, and not to make them available to third parties. Also they will notify the PROVIDER in case of the loss or theft, or of the possible access by an unauthorized third party, so that it proceeds to the immediate blocking.
Once the user account has been created, the information in accordance with what is required by article 27 of Law 34/2002, Services of the Information Society and Electronic Commerce (LSSICE), the contracting procedure will follow the steps explained in point 11 that is detailed below.
If you access as a GUEST USER, you should not register, but it will also be necessary for you to fill in the sales forms in the required manner and provide the data as indicated.
GENERAL CONDITIONS OF CONTRACT AND INFORMATION OF INTEREST
1. General contracting clauses.
2. Shipment of orders.
3. Right of withdrawal.
5. Force majeure
7. General of the offer.
8. Price and term of validity of the offer.
9. Transportation expenses.
10. Form of payment, expenses and discounts.
11. Purchase process.
12. Applicable guarantees.
13. Guarantees and returns.
17. Applicable law and jurisdiction.
1. GENERAL CONTRACTING CLAUSES
Unless otherwise stipulated in writing, placing an order with the PROVIDER shall imply the acceptance by the USER of these legal terms and conditions. No stipulation made by the USER may differ from those made by the PROVIDER unless expressly accepted in advance and in writing by the PROVIDER.
For these purposes it is recalled that the only prices and conditions are those that appear directly published on this website, without other prices or conditions that may appear on third party websites.
2. SHIPMENT OF ORDERS
The PROVIDER will not ship any order until it has been verified that payment has been made.
Shipment of goods will usually be made using EXPRESS COURIER by NACEX, according to the destination indicated by the USER.
Delivery dates or times are approximate and delays do not constitute a fundamental breach. In the event that the PROVIDER has not delivered the goods within 30 days of the agreed delivery date, the customer will be entitled to cancel the order and will receive a refund of the total amount paid at no additional cost, and without any liability for damages attributable to the PROVIDER.
The delivery period is usually between 24 hours and 72 hours (working days), depending on the delivery location and payment method chosen. This period is providing that the goods have been confirmed as available and the full payment of the order has been verified.
The PROVIDER will not accept any liability if the delivery of the product or service is not fulfilled because of false, inaccurate or incomplete information provided by the USER.
The delivery shall be deemed to have taken place when the USER has received the products from the courier and the USER, or their representative, has signed a document confirming receipt of the delivery.
It is the USER's responsibility to check the products upon receipt and ensure that everything claimed in the delivery receipt document can be justified.
In the event that the contract does not involve the physical delivery of a product, or involves a product which can be directly downloaded from the website, the PROVIDER will inform the USER in advance of the procedure to be followed in order to download the product.
3. RIGHT OF WITHDRAWAL
The USER has the same rights and period to return and/or report possible flaws or defects in the online products or services as they do for offline products or services.
The USER has a period of fourteen calendar days from the date of receipt of the product to return it (Article 71 of Spanish Law 3/2014 of 27 March). Unless the return is made due to defects in the product, shipping costs will be paid for by the USER. The product must be returned in its original packaging and in perfect condition.
The right of withdrawal shall not apply in the following cases:
- If the product is not returned in perfect condition.
- If the product packaging is not the original or is not in perfect condition. The original packaging must be used to protect the product so that it arrives in perfect condition, and applying seals and adhesive tapes directly to the product is prohibited.
- When the product is opened without proof of having been used.
- Software applications that are directly downloaded from the portal.
- Personalized products or products that, for hygiene reasons or other legally established exceptions, are not subject to this right.
All returns must be communicated to the PROVIDER, through the Zenplicity website, following the steps indicated below:
- Log on to www.zenplicity.es with the client account that has made the order.
- Go to the control panel of the account.
- Access the order history.
- Enter "Data" of the order you wish to return.
- Mark the box of the products you wish to return, explain the reasons of your return and click on "Request a refund".
All returns must be communicated to the PROVIDER, through the Zenplicity website, following the steps indicated below:
1. Mail sent through the contact form.
2. Mail sent to the email address firstname.lastname@example.org indicating in the field SUBJECT: RETURN / WITHDRAWAL
3. Telephone call to nº 670 95 34 57.
Once this request is received by any of these means, ZENPLICITY staff will contact you as soon as possible to manage the requested refund.
Any claim that the USER considers opportune will be attended in the shortest possible time, made in following forms:
• By mail: EL RINCON DE LA ARMONIA S.L., URBANIZACION MONTE PICAYO - PASEO DE LEVANTE, 204 - PUÇOL (46.530-Valencia)
• By Phone: (+34) 670953457
• By email: email@example.com
Online Dispute Resolution (ODR)
In accordance with Article 14.1 of Regulation (EU) 524/2013, the European Commission provides a free online access platform for the resolution of conflicts between the USER and the PROVIDER without the need to resort to courts of law, through the intervention of a third party called the Dispute Resolution Body, which acts as an intermediary between them. This is a neutral body which will consult both parties in order to reach an agreement, and may ultimately 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 fault due to any greater cause. Fulfilment of the obligation shall be delayed until after the end of the case of force majeure.
The USER may not assign, transfer or transmit the rights, responsibilities and obligations agreed in the purchase.
If any of the terms and conditions are considered null or impossible to fulfil, the validity, legality and fulfilment of the remaining terms and conditions shall not be affected or modified in any way.
The USER declares to have read, understood and accepted these General Terms and Conditions in their entirety.
7. GENERAL INFORMATION OF THE OFFER
All sales and deliveries made by the PROVIDER are subject to these General Terms and Conditions.
No modification, alteration or agreement contrary to the Commercial Proposal of EL RINCON DE LA ARMONIA S.L. or stipulated herein shall take effect, unless expressly agreed in writing and signed by the PROVIDER, in which case, these particular agreements shall prevail.
Given the continuous technical advances and product improvements, the PROVIDER reserves the right to modify its specifications with respect to the information provided in its advertisements, as long as this does not affect the value of the products offered. These changes shall also apply in the event that, for any reason, the possibility of supplying the products offered is affected.
EL RINCON DE LA ARMONIA S.L. sells and serves the products offered through this website to Spain and Portugal (mainland), the Balearic Islands, France and Italy. If you wish to purchase our products from other territories and for us to send it to you, you must contact us by mail or telephone, as it is not possible to acquire them through the web.
8. PRICE AND VALIDITY OF THE OFFER
The prices indicated for each product include the Value Added Tax (VAT) or other taxes that may be applicable.
These prices, unless expressly stated otherwise, include shipping, handling, wrapping, shipping insurance. Other additional services and attachments to the purchased product are not included.
ZENPLICITY will send you the packaged product in an individualized and particular format for each customer and product.
In some products prices are not indicated. This is because these products are only manufactured and sold under previous order, so you cannot add them to the shopping cart. When the user is interested in any of these products you should contact us through the contact form or by sending an e-mail to firstname.lastname@example.org. When we receive your request, the ZENPLICITY staff will contact you as soon as possible to formalize the request and agree on the details.
The prices applicable to each product are those published on the website and expressed in the EURO currency. The USER assumes that the economic valuation of some of the products may vary in real time, although said modification will not affect the orders that have already been processed.
Before making the purchase you can check online all the details of the budget: items, quantities, price, availability, transportation costs, charges, discounts, taxes and the total purchase. Prices can change daily while the order is not made, always respecting the orders and sales that have already been made.
Any payment made to the PROVIDER entails sending an invoice in the name of the registered USER or of the company name that they indicated while placing the order. This invoice will be sent with the purchased product to the email address provided by the USER.
For any information about the order, the USER may contact the PROVIDER's customer service by calling 670953457 or by emailing email@example.com.
9. TRANSPORTATION COSTS
All shipments are free. To this end, users are informed and reminded that EL RINCON DE LA ARMONIA S.L. only sells and serves the products offered through this website to Spain and Portugal (mainland), the Balearic Islands, France and Italy. If you wish to purchase our products from other territories and for us to send it to you, you must contact us by mail or telephone, as it is not possible to acquire them through the web. In this case, we will inform you of the transportation conditions.
10. FORMS OF PAYMENT, PAYMENTS AND DISCOUNTS
The PROVIDER allows the following ways to make the payment of an order:
- TPV of BANCO DE SABADELL: You can choose this payment method by paying using your credit or debit card: for this purpose when you choose this payment option the data will be transferred securely to the entity that manages this payment platform (Banco de Sabadell SA).
- Payment platform PAYPAL: You can choose this payment method using your own PayPal account or your credit or debit card, (Visa, MasterCard, Maestro, American Express), quickly and safely. To guarantee the security of your purchase, card payments are made directly on the website of the INDICATED payment platform, to which we will link you from our online store at the moment of payment of the purchase process through a secure connection.
- BIZUM: By using this service integrated into your bank's application and through your mobile phone or other similar devices, you can pay the purchase price to the provider safely, directly and instantly. You only need to provide us with your phone number once you have selected this payment method (enter number in the purchase process).
If at any time EL RINCON DE LA ARMONIA S.L. publishes on its website (or third parties) and / or sends information about discounts and / or promotions of its products, they will not be cumulative and will be applied after verification and acceptance of the validity of these by our staff.
11. PURCHASE PROCESS Shopping Cart (budget simulation)
Any product from our catalogue can be added to the shopping cart. In the cart you can only view the products, quantity, price and total cost. Once the cart has been saved, taxes, charges and discounts will be calculated according to the payment and shipping details entered.
Once the shopping cart is saved, you can proceed with the "Checkout", pay for the product(s) purchased and complete the billing and shipping information.
Shopping carts have no administrative link, it is only a section where you can simulate an order without any commitment from either party.
Follow the steps below to correctly place an order from the shopping cart:
- - Confirm billing details.
- - Confirm shipping address.
- - Select payment method.
- - Place your order (buy).
You can purchase our products either by registering as a user or by entering your data as a guest.
Once the order has been processed, the system instantly sends an email to the PROVIDER's management department.
Orders (purchase requests)
An email confirming the order status and shipment date will be sent within 24 hours of it being placed, if placed on a working day.
12. APPLICABLE WARRANTIES
All products offered on the website are completely original, unless otherwise stated in their description. They all have a two- year warranty period in accordance with the criteria and conditions described in the Spanish Royal Legislative Decree 1/2007 of 16 November, approving the revision of the General Law for the defence of consumers and users and other complementary laws.
13. GUARANTEES AND REFUNDS
The guarantee of the products offered responds to the following articles based on the Spanish Law 23/2003 of 10 July on the guarantees of the sale of consumer goods:
I) Compliance of the products with the contract
1. Unless there is proof to the contrary, products shall be deemed to conform with the contract provided that they fulfil all the requirements set out below, unless the circumstances of the case deem any of them inapplicable:
a) They match the description given by EL RINCON DE LA ARMONIA S.L..
b) They are fit for the purposes for which such products are usually intended.
c) They are fit for any special use required by the customer if they have informed EL RINCON DE LA ARMONIA S.L. of this when the contract is executed, provided that they have accepted that the product is fit for such use.
d) They demonstrate the usual quality and performance of similar products which the customer can reasonably expect, particularly with regard to the nature of the product and, where appropriate, the descriptions of the products’ specific features made by EL RINCON DE LA ARMONIA S.L..
e) EL RINCON DE LA ARMONIA S.L. describes the details, technical features and photographs of the products provided by their manufacturer, so that it is not bound by these public statements.
2. Non-conformity resulting from incorrect installation of the product shall be deemed the same as non-conformity of the product when its installation is included in the sales contract and has been carried out by EL RINCON DE LA ARMONIA S.L. or under its responsibility, or by the USER when the defective installation is due to an error when following the installation instructions.
3. No liability shall be accepted for any non-conformity of which the USER is aware or has been unable to ignore when entering into the contract, or which is caused by materials provided by the USER.
II) Liability of the provider
EL RINCON DE LA ARMONIA S.L. shall be liable to the USER for any non-conformity that exists when the product is delivered. EL RINCON DE LA ARMONIA S.L. grants the USER the right to repair the product, to replace it, to reduce the price and to terminate the contract.
III) Repair and replacement of products
- If the product is not in accordance with the contract, the USER may choose to demand its repair or replacement, unless one of these options is impossible or disproportionate. As soon as the USER notifies EL RINCON DE LA ARMONIA S.L. of the chosen option, both parties must abide by it. The USER’s decision is without prejudice to the provisions of Article IV below, in the event that the repair or replacement fails to bring the product into compliance with the contract.
- Any form of remedy which imposes on EL RINCON DE LA ARMONIA S.L. costs which are unreasonable in comparison with the other form of remedy shall be considered disproportionate, taking into account the value that the product would have if there were no lack of conformity, the relevance of the non-conformity and whether the alternative remedy could be carried out without major inconvenience to the USER.
IV) Rules of repair or replacement of the product
Repair and replacement will comply with the following rules:
a) They will be free of charge for the USER.
This shall include the necessary costs incurred in remedying the non-conformity of the products with the contract, in particular shipping costs, as well as labour and material costs.
b) They will be carried out within a reasonable period of time and without major inconveniences for the user, taking into account the nature of the products and their purpose for the USER.
c) Repairs suspend the time periods referred to in Article VII. The suspension period shall begin from the time the USER makes the product available to EL RINCON DE LA ARMONIA S.L. and shall end with the delivery of the repaired product to the USER. Within six months of delivery of the repaired product, EL RINCON DE LA ARMONIA S.L. shall be liable for the non-conformity which required the initial repair. If defects of the same origin recur in the product, it is presumed that it is due to the same non-conformity as initially demonstrated.
d) Replacement suspends the time periods referred to in Article VII from exercising the option until the delivery of the new product. In any event, the second paragraph of Article VII shall apply to the substitute product.
e) If the product has been repaired and delivered but still does not conform with the contract, the USER may demand the replacement of the product, within the limits established in Article IV(2), or the reduction of the price or the termination of the contract in the terms of Article V.
f) If the replacement fails to make the product comply with the contract, the USER may demand the repair of the product within the limits set out in Article IV(2), or the reduction of the price or the termination of the contract in the terms of Articles V and VI.
g) The USER may not demand substitution in the case of non-fungible products, or in the case of second-hand products.
V) Price reduction and contract termination
The reduction of the price and the termination of the contract shall be carried out at the USER's discretion when they are unable to demand the product’s repair or replacement and in cases where the repair or replacement has not been carried out within a reasonable period of time or without major inconvenience for the USER. The decision shall not apply when the non-conformity is of minor importance.
VI) Price reduction criteria
The price reduction will be proportional to the difference between the value the product would have had at the time of delivery had it been in compliance with the contract and the value of the product actually delivered at the time of delivery.
VII) Time periods
- EL RINCON DE LA ARMONIA S.L. shall be liable for any non-conformity which becomes apparent within two years of delivery. EL RINCON DE LA ARMONIA S.L. and the USER may agree on a shorter term for second-hand products, which may be no less than one year after delivery.
Unless proved otherwise, any non-conformity which becomes apparent within six months of delivery shall be presumed to have already existed when the product was delivered, except when this presumption is incompatible with the nature of the product or the type of non-conformity.
- Unless proven otherwise, delivery shall be considered to have occurred on the day indicated on the invoice or purchase label, or on the corresponding delivery note if this is later.
- Demanding compliance with the provisions of the preceding articles expires three years after delivery of the product.
- The USER must inform EL RINCON DE LA ARMONIA S.L. of the non-conformity within two months of becoming aware of it.
Unless proven otherwise, it shall be understood that the USER has communicated the non-conformity within the established period.
VIII) Action against the manufacturer
If it is impossible or too inconvenient for the USER to contact EL RINCON DE LA ARMONIA S.L. regarding the non- conformity of the products covered by the sales contract, they may claim directly from the manufacturer in order to obtain the replacement or repair of the product.
In general, and without prejudice to the limits of the manufacturer's liability, under the same terms and conditions as those laid down for EL RINCON DE LA ARMONIA S.L., the manufacturer shall be liable for the non-conformity when it relates to the origin, identity or suitability of the products, in accordance with their nature and purpose and with the rules governing them.
Manufacturer means the manufacturer of a product or the importer of a product into the European Union territory, or any person who presents themselves as such by indicating their name, trade mark or any other distinctive sign on the product.
Whoever responds to the USER will continue to be responsible for the non-conformity for a period of one year. This period is calculated from the time when the problem is remedied.
The website guarantees a secure purchase.
For your safety, you will check that at no time El Rincón de la Armonía, S.L. requests your bank details in any of the available forms of payment. To ensure the security of your purchase, card payments are made directly on the website of the payment platforms to which we will link you from our online store at the time of payment of the purchase process through a secure connection. In the same way, if you pay through Bizum, we do not ask for your bank details.
The Rincón de la Armonía, S.L. considers as a basic objective to guarantee the privacy and confidentiality of the personal data of its clients and users gathered through any system that allows the transmission of the same.
The Rincón de la Armonía, S.L. manifests its commitment to comply with the legislation that is currently in force in this matter, currently, Regulation (EU) 2016/679 of April 27, 2016 (GDPR) and Organic Law (ES) 3/2018 of 5 December (LOPDGDD).
We will not use our clients´ and users´ data, including without limitation, your name, address, telephone number and email address, rather than for the management of your purchase.
Your personal data will be part of our database which is responsibility of El Rincón de la Armonía, S.L. with address at Paseo de Levante number 204, Monte Picayo, Puzol (46530 - Valencia).
Without prejudice to the purposes indicated in each case, such information shall be stored and managed with due confidentiality, applying computer security measures and any other measures provided forthis matter in the applicable legislation; to prevent access, spoliage loss, or improper use of the information from your data. Your data will not be disclosed without your prior and express consent.
Anyone has the right to obtain confirmation about whether in El Rincón de la Armonía, S.L. We are treating personal data that concerns you.
Interested persons have the right to:
- Withdraw consent at any time.
- Request access to personal data concerning the interested party.
- Request rectification or deletion.
- Request limitation of the treatment of information
- Oppose the treatment.
- Request the portability of the data.
Those interested may access their personal data, as well as request the rectification of inaccurate data or, where appropriate, request its deletion when, among other reasons, the data is no longer necessary for the purposes that it was collected.
In certain circumstances, the interested parties may request the limitation of the processing of their data, in which case, we will only keep them for the exercise or defense of claims.
In certain circumstances and for reasons related to their particular situation, the interested parties may object to the processing of their data. The Rincón de la Armonía, S.L. will stop processing the data, except for compelling legitimate reasons, or the exercise or defense of possible claims. They may also request the portability of their data.
Interested parties will also have the right to effective judicial protection and to submit a claim to the supervisory authority, in this case, the Agencia Española de Protección de Datos, if they consider that the processing of personal data that concerns them violates the Regulation and / or consider that the treatment does not comply with current regulations. Said claim may be presented through the following web link: www.aepd.es, ownership of the mentioned Agency.
In any case you can exercise your rights materially by sending an email to the address: Contacto@Zenplicity.es, by phone by calling 670 953 457 or by writing a mail to the following address: Paseo de Levante number 204, Monte Picayo Urbanization, Puzol (46530 - Valencia).
The refusal to provide the data will suppose the non-provision or the impossibility to access the service for which they were requested.
You have the right to receive a response to any question, query or clarification that may arise from this form.
To be a customer of this online store you must be over 18 years old.
For these purposes we request the date of birth or age and the information you transmit to us must be true.
If you are younger than this age you should not use this website, send us data or register.
In case these instructions are not followed, the company is not responsible for any damages that may be caused, and in the same way will affect the parents or legal guardians of the minor who will act, either through fault or negligence, either by fraud, by action or by omission and cause any damage for the company (expenses, penalties, damages ...)
If you want to buy products from our store, your parents or legal guardian / s must be who acquire them and if they will authorize it, we could register you. For this to be posible you must send us an e-mail to Contacto@zenplicity.es, indicating your name, phone number and email address to verify that your registration has truly been authorized, that all information is true and that they authorize us to contact them. In these cases, we will request data from your parents and / or legal representatives, relative to the people of your family or environment, although in no case we will request data related to the economic situation or the privacy of the other members of the family or environment.
For the use of your data, if you are over 16 years old, you can authorize us without the need for permission or authorization from your legal representative, as this is provided by the current legislation on data protection. But it should be borne in mind that as a general rule, when a minor makes purchases through the internet, he will use the means of payment of his parents or guardians (credit or debit card) or their money, so we must be informed of this and in the same way give the information to the person who pays the product or service if it has been done with their resources.
Any claim that the USER considers opportune will be attended in the shortest possible time, giving the possibility of doing so in the following options:
By post to Paseo de Levante number 204, Urbanization Monte Picayo, Puzol (46530 - Valencia).
By phone at nº 670 953 457
By email to firstname.lastname@example.org
In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for the resolution of online conflicts between the USER and the PROVIDER, without the need to resort to the courts of justice, through the intervention of a third party, called the Organismo de Resolución de Litigios, 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/
14. APPLICABLE LAW AND JURISDICTION
These conditions shall be governed by or construed in accordance with Spanish law in respect of matters not expressly set forth herein. The PROVIDER and the USER agree to submit any dispute that may arise from the provision of the products or services covered by these Terms and Conditions to the courts and tribunals of the USER'S place of residence.
In the event that the USER lives outside of Spain, the PROVIDER and the USER expressly renounce any other forum, submitting to the Courts and Tribunals closest to PUÇOL (Spain).