Sales Terms and Conditions

TERMS AND CONDITIONS

Introduction

 This contractual document will govern the General Conditions for contracting products (hereinafter, "Conditions") through the website farruquito.es, property of ROSARIO ALCANTARA MARTINEZ under the trademark of FARRUQUITO, hereinafter, PROVIDER, whose contact information appears. also in the Legal Notice of this Website.

These Conditions may be modified at any time. It is the USER's responsibility to read them periodically, since those that are in force at the time of placing orders will be applicable.

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 means that the USER:

• You have read, understand and understand what is here
• It is a person with sufficient capacity to hire.
• Assume all obligations here

These conditions will have an indefinite period of validity and will be applicable to all contracts made through the PROVIDER's website.

The PROVIDER informs that the business is responsible and knows the current legislation of the countries to which it sends the products, and reserves the right to unilaterally modify the conditions, without this affecting the goods or promotions that were previously acquired from the modification.

Identity of the contracting parties

 On the one hand, the PROVIDER of the products contracted by the USER is ROSARIO ALCANTARA MARTINEZ WITH NIF: 30241832-Y

AND TAX ADDRESS IN CAMINO ROSA Nº249 URB. TARAZONA, LA RINCONADA (SEVILLA) CP 41309 and another, the USER, registered on the website using a username and password, over which they have full responsibility for use and custody, and are responsible for the veracity of the personal data provided to the PROVIDER.

Object of the contract

 The purpose of this contract is to regulate the contractual sales relationship born between the PROVIDER and the USER at the time the USER accepts the corresponding box during the online contracting process.

The contractual sales relationship involves the delivery, in exchange for a specific price publicly displayed through the website, of a specific product.

Hiring procedure

 The USER, in order to access the products or services offered by the PROVIDER, must be of legal age 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 processed in accordance with the provisions of Regulation (EU) 2016/679, of April 27, 2016 (GDPR), regarding to the protection of natural persons with regard to the processing of personal data and the free circulation of these data and Organic Law 3/2018, of December 5 (LOPDGDD), relating to the protection of personal and detailed data in the Legal Notice and Privacy Policy of this website.

The USER will select a username and password, committing to make diligent use of them and not to make them available to third parties, as well as to notify the PROVIDER of the loss or theft of the same or possible access by an unauthorized third party. , so that it proceeds to immediate blocking.

Once the user account has been created, you are informed that in accordance with the requirements of article 27 of Law 34/2002, on Information Society Services and Electronic Commerce (LSSICE), the contracting procedure will follow the following steps:

1. General contracting clauses.
2. Send of
3. Right of
4. Claims and online dispute resolution.
5. Force
6. Generalities of the offer.
7. Price and validity period of the
8. Transportation expenses.
9. Payment method, expenses and
10. Purchasing process.
11. Dissociation and suspension or termination of the contract.
12. Guarantees and
13. Applicable law and jurisdiction.

1// GENERAL CONTRACTING CLAUSES

 Unless specifically stipulated in writing, placing an order with the PROVIDER will imply acceptance by the USER of these legal conditions. No stipulation made by the USER may differ from those of the PROVIDER if it has not been expressly accepted in advance and in writing by the PROVIDER.

2// SHIPPING OF ORDERS

 THE PROVIDER will not send any order until it has verified that payment has been made.

Shipments of merchandise will usually be made by EXPRESS COURIER (POSTAL EXPRESS, SEUR, UPS, STD, etc.), according to the destination freely designated by the USER.

Failure to execute the remote contract

 Delivery dates or times will be understood as approximate, delay not constituting essential non-compliance. In the event that the PROVIDER has not delivered the merchandise, after 30 days from the agreed delivery date, due to lack of availability of the product or service, the USER must be informed and will be entitled to cancel the order and receive the refund. of the total amount paid without any cost, and without resulting in any liability for damages attributable to the PROVIDER.

In the event of unjustified delay on the part of the PROVIDER regarding the return of the total amount, the USER may claim to be paid double the amount owed, without prejudice to their right to be compensated for damages suffered in excess of said amount.

The delivery time is usually between 2 and 5 business days, depending on the destination population and the chosen payment method. This term is understood provided that the availability of the merchandise has been confirmed and full payment of the order has been verified.

The PROVIDER will not assume any responsibility when the delivery of the product or service does not take place, because the data provided by the USER is false, inaccurate or incomplete.

The delivery will be considered made when the carrier has made the products available to the USER and the USER, or his or her delegate, has signed the delivery receipt document.

It is the USER's responsibility to verify the products upon receipt and expose all reservations and claims that may be justified in the delivery receipt document.

In the event that the contract does not entail the physical delivery of any product, but rather a download activation on a website, the PROVIDER will inform the USER in advance regarding the procedure that must be followed to carry out this download.

3 // RIGHT OF WITHDRAWAL

 The USER has the same rights and deadlines to proceed with the return and/or claim any possible defects or defects that the product presents, both online and offline.

The USER has a period of fourteen calendar days, counted from the date of receipt of the product, to return it (article 71 of Law 3/2014, of March 27). Unless the return is made due to defects in the product, the shipping costs will be assumed by the USER. The product must be returned in its original packaging and in perfect condition and, in the case of provision of a service, from the same day of activation and/or download of the same.

The right of withdrawal may not be applied in the following cases:

1. If the product is not presented in perfect condition
2. If the product packaging is not the original or is not in perfect condition. The original packaging must protect the product so that it is received in perfect condition, and the use of seals and adhesive tapes applied directly to it is prohibited.
3. When the product is opened without being able to prove that it has not been used.
4. In software applications that are directly downloaded through the portal or unsealed by the USER after physical delivery.
5. When they are personalized products or those that, for reasons of hygiene or other exceptions legally provided for in article 103 of Law 3/2014, of 27, In the supply of products whose price depends on fluctuations in the financial market that the PROVIDER cannot control and that may occur during the period of In the supply of products made in accordance with the USER's specifications or clearly
6. In the supply of products that may deteriorate or expire quickly.

All returns must be communicated to the PROVIDER, requesting a return number using the form provided for this purpose, or by email to ventasfarruquito@farruquito.es, indicating the corresponding invoice or order number.

Once the USER has received the return number, they will send the product to the PROVIDER, indicating this number in the shipping letter, with the transportation costs at their expense, at the address of ROSARIO ALCANTARA MARTINEZ at CAMINO ROSA Nº249 URB. TARAZONA, LA RINCONADA (SEVILLE) CP 41309)

4// CLAIMS AND ONLINE DISPUTE RESOLUTION

 Any claim that the USER considers appropriate will be attended to as soon as possible, and can be made at the following contact addresses:

Postcard: ROSARIO ALCANTARA MARTINEZ in CAMINO ROSA Nº249 URB. TARAZONA, LA RINCONADA (SEVILLE) CP 41309)

E-Mail: ordersfarruquito@farruquito.es

Online dispute resolution (Online Dispute Resolution)

 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 law, through the intervention of a third party, called the 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 ODR platform: http://ec.europa.eu/consumers/odr/

5// FORCE MAJEURE

 The parties will not incur liability for any failure due to a major cause. Compliance with the obligation will be delayed until the case of force majeure ceases.

6 // COMPETITION

 The USER may not assign, transfer or transmit the rights, responsibilities and obligations contracted in the sale.

If any stipulation of these conditions is considered null or impossible to comply with, the validity, legality and compliance of the rest will not be affected in any way, nor will they be modified in any way.

The USER declares to have read, know and accept these Conditions in their entirety.

7// GENERALITIES OF THE OFFER

 All sales and deliveries made by the PROVIDER will be understood to be subject to these Conditions.

No modification, alteration or agreement contrary to the Commercial Proposal of Peralta and Andic SL or what is stipulated herein will have effect, unless expressly agreed in writing signed by the PROVIDER, in this case, these particular agreements will prevail.

Given the continuous technical advances and improvements of the products, the PROVIDER reserves the right to modify its specifications with respect to the information provided in its advertising, until it does not affect the value of the products offered. These modifications will also be valid in the event that, for any reason, the possibility of supplying the products offered is affected.

8 // PRICE AND VALIDITY PERIOD OF THE OFFER 

The prices indicated for each product include Value Added Tax (VAT) or other taxes that may be applicable. These prices, unless expressly indicated otherwise, do not include shipping, handling, packaging, shipping insurance or any other additional services and annexes to the product purchased.

The prices applicable to each product are those published on the website and will be expressed in EURO currency. The USER assumes that the economic valuation of some of the products may vary in real time.

Before making the purchase you can check all the details of the quote online: items, quantities, price, availability, shipping costs, charges, discounts, taxes and the purchase total. Prices may change daily while the order is not placed.

Once the order is placed, prices will be maintained whether products are available or not.

Any payment made to the PROVIDER entails the issuance of an invoice in the name of the registered USER or the company name that the USER has informed at the time of placing the order. This invoice will be sent along with the purchased product, as well as in PDF to the email address provided by the USER.

For any information about the order, the USER may contact via email to the address ventasfarruquito@farruquito.es

9// TRANSPORTATION EXPENSES

The prices do not include shipping costs, unless expressly agreed in writing to the contrary, these being:

SHIPPING TO THE PENINSULA, BALEARIC ISLANDS, CEUTA and MELILLA up to 2 kilos – €7

CANARY ISLANDS – €10

INTERNATIONAL

ZONE AT €29

Germany, Austria, Belgium, Denmark, France, Gibraltar, Greece, Ireland, Italy, Island of Jersey, Luxembourg, Norway, Netherlands, Portugal, United Kingdom, Sweden, Switzerland. Netherlands Portugal Sweden

ZONE B €32

Northern Maghreb and Turkey: Cyprus, Croatia, Slovakia, Slovenia, Estonia, Russian Federation, Finland, Hungary, Iceland, Latvia, Lithuania, Malta, Poland, Czech Republic, Romania, Serbia and Turkey.

ZONE C – ALL AMERICA €46.50

ZONE D ASIA – €54

Asia, Middle East and Oceania: Saudi Arabia, Australia, South Korea, Georgia, Hong Kong, Indonesia, Israel, Japan, Lebanon, Malaysia, New Zealand, Singapore and Thailand.

Shipping costs will be calculated at the time of saving the basket or quote and with a maximum weight of 2 kg. If it weighs more, the exact amount will be sent to you via email.

10// PAYMENT METHODS, CHARGES AND DISCOUNTS

 The PROVIDER allows the following ways to pay for an order:

• Wire transfer: No discounts will be applied
• Credit card: No discounts or charges will be applied.

Stripe

• PayPal Security Measures

The website uses generally accepted industry information security techniques, such as firewalls, access control procedures and cryptographic mechanisms, all with the aim of preventing unauthorized access to data. To achieve these purposes, the user/client accepts that the provider obtains data for the corresponding authentication of access controls.

The PROVIDER undertakes not to allow any transaction that is or is considered illegal by the credit card brands or the acquiring bank, which may or has the potential to damage their goodwill or negatively influence them.

The following activities are prohibited under the card brand programs: the sale or offer of a product or service that does not comply with all laws applicable to the Buyer, Issuing Bank, Merchant or Holder of the card or cards.

11// PURCHASE PROCESS

 Any product from our catalog can be added to the cart. In this, only the items, quantity, price and total amount will be observed. Once the basket is saved, taxes, charges and discounts will be calculated according to the payment and shipping information entered.

The baskets do not have any administrative connection, it is only a section where a budget can be simulated without any commitment on both sides.

From the basket you can place an order by following the following steps for its correct formalization:

1. – Checking billing information.
2. – Checking the shipping address.
3. – Selection of payment method
4. – Place the order (buy).

Once the order is processed, the system instantly sends an email to the PROVIDER'S management department and another to the USER's email confirming the placement of the order.

Orders (purchase requests)

 Within a maximum of 24 hours, on business days, an email will be sent to the USER confirming the status of the order and the approximate shipping and/or delivery date.

12// DISASSOCIATION 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 remaining conditions.

Farruquito may without prior notice suspend or terminate USER's access to its services and training, in whole or in part, for any valid reason, including, without limitation, when USER fails to comply or follow any of the obligations established herein. document or any applicable legal provision, license, regulation, directive, code of practice or usage policies.

When Farruquito 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 Farruquito.

13// GUARANTEES AND RETURNS

 The guarantee of the products offered will respond to the following articles based on Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws :

Article 114. General principles.

 The seller is obliged to deliver to the consumer and user products that comply with the contract, answering to him for any lack of conformity that exists at the time of delivery of the product.

Article 115. Scope of application.

1. Included in the scope of application of this title are contracts for the sale of products and contracts for the supply of products that are to be produced. The provisions of this title will not apply to products acquired through judicial sale, water or gas, when they are not packaged for sale in a limited volume or determined quantities, nor will it be applicable to second-hand products acquired at an administrative auction to which consumers and users can attend personally.

Article 116. Compliance of the products with the contract.

1. Unless proven otherwise, it will be understood that the products comply with the contract as long as they meet all the requirements expressed below, unless due to the circumstances of the case any of them are not applicable:
   1. They conform to the description made by the seller and possess the qualities of the product that the seller has presented to the consumer and user in the form of a sample or
   2. They are suitable for the uses to which products of the same type are ordinarily intended.
   3. Are suitable for any special use required by the consumer and user when this has been made known to the seller at the time of conclusion of the contract, provided that the latter has admitted that the product is suitable for said use.
   4. They present the usual quality and performance of a product of the same type that the consumer and user can reasonably expect, taking into account the nature of the product, where appropriate, from the public statements about the specific characteristics of the products made by the seller, the producer or its representative, in particular in advertising or labeling. The seller will not be bound by such public statements if he proves that he was unaware and could not reasonably be expected to be aware of the statement in question, that such statement had been corrected at the time of conclusion of the contract or that such statement could not influence the decision to purchase. he
2. The lack of conformity resulting from incorrect installation of the product will be equated to the lack of conformity of the product when the installation is included in the sales or supply contract regulated in article 1 and has been carried out by the seller or under his responsibility, or by the consumer and user when the defective installation is due to an error in the installation instructions.
3. There will be no liability for lack of conformity that the consumer and user knew or could not have reasonably ignored at the time of the conclusion of the contract or that have their origin in materials supplied by the consumer and user.

Article 117. Incompatibility of actions.

 The exercise of the actions contemplated in this title will be incompatible with the exercise of the actions derived from the correction of hidden defects in the sale.

In any case, the consumer and user will have the right, in accordance with civil and commercial legislation, to be compensated for damages derived from the lack of conformity.

Article 118. Responsibility of the seller and rights of the consumer and user.

 The consumer and user has the right to repair the product, replace it, reduce the price or terminate the contract, in accordance with the provisions of this title.

Article 119. Repair and replacement of the product. 

1. If the product does not comply with the contract, the consumer and user may choose between demanding the repair or replacement of the product, unless one of these two options is objectively impossible or disproportionate. From the moment the consumer and user communicate the chosen option to the seller, both parties must adhere to it. This decision of the consumer and user is understood without prejudice to the provisions of the following article for cases in which the repair or replacement fails to bring the product into compliance with the contract.
2. The form of correction that, in comparison with the other, imposes unreasonable costs on the seller will be considered disproportionate, taking into account the value that the product would have if there were no lack of conformity, the relevance of the lack of conformity and whether the form alternative sanitation could be carried out without major inconveniences for the consumer and user.

To determine whether the costs are unreasonable, the expenses corresponding to one form of remediation must also be considerably higher than the expenses corresponding to the other form of remediation.

Article 120. Legal regime for the repair or replacement of the product.

Repair and replacement will comply with the following rules:

1. They will be free for the consumer and user. Said gratuity will include the necessary expenses incurred to remedy the lack of conformity of the products with the contract, especially shipping costs, as well as costs related to labor and materials.
2. They must be carried out within a reasonable period of time and without major inconveniences for the consumer and user, taking into account the nature of the products and the purpose they had for the consumer and user.
3. The repair suspends the calculation of the deadlines referred to in article 123. The suspension period will begin from the moment the consumer and user makes the product available to the seller and will conclude with the delivery to the consumer and user of the already repaired product. During the six months following delivery of the repaired product, the seller will be responsible for the lack of conformity that motivated the repair, presuming that it is the same lack of conformity when defects of the same origin as those initially manifested are reproduced in the product.
4. If the repair is completed and the product is delivered, it continues to be non-compliant with the contract, the consumer and user may demand the replacement of the product, unless this option is disproportionate, the price reduction or the termination of the contract under the terms provided in This chapter.
5. The substitution suspends the deadlines referred to in article 123 from the exercise of the option by the consumer and user until the delivery of the new product. In any case, article 1, second paragraph, will apply to the substitute product.
6. If the replacement fails to bring the product into compliance with the contract, the consumer and user may demand the repair of the product, unless this option is disproportionate, the price reduction or the termination of the contract under the terms provided in this chapter.
7. The consumer and user may not demand replacement in the case of non-fungible products, nor in the case of second-hand products.

Article 121. Price reduction and termination of the contract.

 The price reduction and the termination of the contract will proceed, at the discretion of the consumer and user, when the latter could not demand the repair or replacement and in cases in which these have not been carried out within a reasonable period of time or without major inconveniences for the user. consumer and user. The resolution will not proceed when the lack of conformity is of minor importance.

Article 122. Criteria for price reduction.

The price reduction will be proportional to the difference between the value that the product would have had at the time of delivery if it had been in accordance with the contract and the value that the product actually delivered had at the time of said delivery.

Article 123. Deadlines.

1. The seller is responsible for any lack of conformity that appears within a period of two years from delivery. In second-hand products, the seller and the consumer and user may agree on a shorter period, which may not be less than one year from the date of purchase.Unless proven otherwise, it will be presumed that the lack of conformity that appears within six months after the delivery of the product, whether new or second-hand, already existed when the thing was delivered, except when this presumption is incompatible with the nature of the product or the nature of the lack of conformity.
2. Unless proven otherwise, delivery is deemed to have been made on the day that appears on the invoice or purchase receipt, or on the corresponding delivery note if this is the case.
3. The seller is obliged to deliver to the consumer or user who exercises their right to repair or replacement, documentary justification of the delivery of the product, stating the delivery date and the lack of conformity that causes the exercise in the same way, together With the repaired or replaced product, the seller will provide the consumer or user with documentary justification of the delivery stating the date of delivery and, where applicable, the repair carried out.
4. The action to claim compliance with the provisions of Chapter II of this title will expire three years from the delivery of the product or service.
5. The consumer and user must inform the seller of the lack of conformity within two months of becoming aware of it. Failure to comply with said deadline will not entail the loss of the right to the corresponding sanitation, with the consumer and user being responsible, however, for any damages or losses actually caused by the delay in communication.Unless proven otherwise, it will be understood that the communication between the consumer and user has taken place within the established period.

Article 124. Action against the producer.

 When it is impossible or an excessive burden for the consumer and user to contact the seller due to the lack of conformity of the products with the contract, they may complain directly to the producer in order to obtain replacement or repair of the product.

In general, and without prejudice to the fact that the producer's responsibility ceases, for the purposes of this title, in the same terms and conditions as those established for the seller, the producer will be responsible for the lack of conformity when it refers to the origin, identity or suitability of the products, in accordance with their nature and purpose and the standards that regulate them.

Whoever has responded to the consumer and user will have a period of one year to repeat this to the person responsible for the lack of conformity. This period is computed from the moment in which the cleanup was completed.

14. APPLICABLE LAW AND JURISDICTION

 These conditions will be governed or interpreted in accordance with Spanish legislation in that which is not expressly established. The PROVIDER and the USER agree to submit to the courts and tribunals of the USER's domicile any controversy that may arise from the provision of the products or services that are the subject of these Conditions.

The items will be sent to the buyer within approximately 48/72 hours. from the shipping date, not from the payment date, by confirming that there was stock available.

Any item purchased on this website will have a return period of 7 days from receipt and as long as the item is unused and in perfect condition.

The return costs will be borne by the customer and the payment will be made for a change of size, a product of the same value or a ticket for the amount of the purchase value with an expiration of 3 months from receiving the ticket.