GENERAL CONTRACTING CONDITIONS
1. PARTIES AND ACCEPTANCE OF THE GENERAL CONTRACTING CONDITIONS:
On the one hand, the provider of the products, JAIME TORRES DÍAZ (hereinafter also the "Provider"), with registered office at a CALLE DE CANARIAS, Nº26, 28045, MADRID (MADRID), N.I.F. 03922166E, Customer Service e-mail: email@example.com, being the owner of the website , exposes the contractual document that will govern the contracting of products through the website reviewed. And on the other hand, the "User - Client" (hereinafter the User), who is registered on the website by means of both a username and password, with full responsibility for their use and custody, being accountable for the veracity of the personal data submitted to the provider.
The Parties BOTH ACCEPT this document, with the following implications whereas the user:
a. Has read, understood and agreed with this text.
b. Declares being a person of legal age and with sufficient capacity to enter into agreements and be bound to the conditions herein inserted.
c. To assume all the obligations set forth herein.
d. You have read and accepted these general purchasing conditions from the moment you purchase any of the products that are offered.
This document can be printed and stored by the Users.
In case the Users have any questions regarding these conditions, they may contact the Provider through their contact e-mail address, firstname.lastname@example.org.
The present conditions will have an indefinite period of validity and will be applicable to all the agreements made through the website of the Provider. The Provider, with the objective of improving the products offered, reserves the right to unilaterally modify these General Contracting Conditions, without it affecting the goods or special offers that were acquired prior to the modification. In any case, these general conditions must be reviewed prior to purchasing the products. It is advisable that you keep a copy of the data included within the purchased products.
JAIME TORRES DÍAZ is not responsible for any loss of data, files, or any damage that may result from the User’s failure to backup the data included in the purchased products, such as memory cards. JAIME TORRES DÍAZ is not responsible for any and all consequences that may result from improper use of the products that are sold on the web.
The civil liability of JAIME TORRES DÍAZ for the products supplied is limited to the amount of the same, and at the same time, the User waives to claim any liability to the Provider for any case related to the dissatisfaction of the products purchased on the website www.toledogilfts.com , as well as any possible failures, slow access, or errors in accessing the web, which may include the loss of data or other information that may exist in the computer or network of the User accessing the web. JAIME TORRES DÍAZ is a company specialized in the remote sale of gifts and handimade products. JAIME TORRES DÍAZ sells its products over the Internet through its website. JAIME TORRES DÍAZ does not own any physical store for the sale of products.
2. OBJECT OF THE AGREEMENT:
2.1 Scope of application
The purpose of this agreement is to regulate the contractual purchase-sale relationship between the Provider and the User, which begins at the moment the User accepts by checking the corresponding box during the online contracting process, implying their acknowledgement and agreement to these purchasing conditions. These GCC will apply from the day the order is placed.
The contractual purchase-sale relationship includes the delivery of a specific product, in exchange for a specific price that is publicly exposed through the website.
2.2 Territory of application
The virtual store of www.toledogifts.com is active internationally.
2.3 Legal capacity
To be able to place an order, you must be of legal age and have the required legal capacity to contract the services outlined in the Website.
2.4 Consent of the Client
The validation of an order through the web is executed by email, which also implies the automatic acceptance of the GCC. These conditions are available on the website or, if desired and requested, can be made available to you by email.
2.5. Modification of the General Contracting Conditions
JAIME TORRES DÍAZ reserves the right to make changes and / or modifications to these GCC. We advise our clients to check and review them regularly. In the event that these changes or modifications were introduced after an order was placed, the conditions that will apply will be those of the date on which the order was placed.
3. INFORMATION PROVIDED ON THE WEB :
3.1 Publication of prices
Exceptionally, the prices of the products shown on our website can be specified with errors and show a lower price than the actual corresponding price. In such event and if we have already confirmed your order, we will contact you immediately in order to issue a new order confirmation that includes the correct price. In cases in which the actual corresponding price is higher, you may cancel your order and we will reimburse you for any amount that you have already paid.
3.2 Product information
The information contained in our advertising, brochures, and other written material, that can be either shown on our website or provided by our any of our agents and/or employees, all constitute an invitation to make a deal. This information does not constitute an offer to supply any product on our behalf.
The contents of are constantly renewed and updated in order to offer our clients the most complete and detailed information possible. As a result, it is possible that the contents may show, on exceptional occasions, provisional information in relation to some of the products. In the event that the information provided does not correspond to the characteristics of the product, the client will have the right to cancel the purchase without any cost on their behalf.
All contractual information on the website is displayed in Spanish (Castilian) and communication with customers and Users, as well as the formalization of the contract, will be made in this language, although, if desired, the client may request to be addressed in another language, as long as there is an indication to such request prior to beginning the contracting procedure.
3.3 Availability of the product(s)
There may be occasions when it could be impossible to supply all the products, which could be because they are either not in stock or available at the time of purchase. In these cases, we will contact you to give you a choice between the following options:
a) choice of an alternative product, with similar characteristics of the product to be replaced;
b) In case you prefer to wait for the product to be available in the store again, we may communicate with you once the product is available.
If you decline to any of the above-indicated options, the order related to these products will be canceled and any amount paid for them will be reimbursed.
3.4 Right of Cancellation
JAIME TORRES DÍAZ reserves the right for this action (right of cancellation), which is an action consisting in not sending a specific product that does not meet the
quality requirements imposed on all products of . In the event that this lack of quality is detected, the Customer Service of JAIME TORRES DÍAZ will suggest a replacement product and, if the replacement product is not of the client's liking, the cost of said product will be reimbursed.
3.5 Orders 24 hours a day, every day of the year
The available admission hours for orders is twenty-four (24) hours, three hundred and sixty-five (365) days of the year, although orders placed after Seven PM/Thirteen PM (7:00 PM/ 13:00 PM) will not be processed that same day. Orders which have been received after the stated hours will be next processed on the following business day in Madrid. Orders received during the weekend will be processed early on the following Monday, or on the next business day.
If any anomaly or fraud is suspected and detected, www.toledogifts.com reserves the right to cancel the transaction for security reasons.
4. PURCHASE PROCEDURE
The User will select a username and password, committing to make a diligent use of both of them, as well as to not make them available to third parties. Additionally, the User must notify the Provider in the event of loss or theft of such username and password, as well as of the possible access by an unauthorized third party, in order to proceed to the immediate blocking of such data.
When choosing a username, the User will not be able to choose words that have the purpose of confusing others by identifying the latter as an integral member of the Provider, as well as expressions that are abusive, injurious and in general contrary to the law or to the demands of morality and good manners.
Once the User account has been created, please note that in accordance with the provisions set forth by Article 27 of Law 34/2002 for the Information Society and Electronic Commerce Services, the contracting procedure will be conducted through the following steps:
1. The product is chosen by clicking on it, and it will be automatically added in the "Shopping Cart".
2. If there are more products to be added, the option "Continue Shopping" must be selected. If a product was mistakenly added or not wanted, you must click on the option to remove it from the shopping cart. In the shopping cart, you will see the items, the quantity, the price and the total amount for the products. Once all the products have been chosen, taxes, charges, and discounts will be calculated according to the payment and shipping data entered.
3. Once the product (s) has/have been chosen, you must click on the final tab to place the order. When you click on this option, the purchase confirmation will appear (summary of the order placed, your data and chosen form of payment).
Please check the Spam and Spam controls in your e-mail Inbox and always verify that the contact information you provide is correct.
6. To finish the process, you must click on the Finish button.
In any case, the Provider’s contracting platform will inform the User, once the contracting procedure is finished by means of an e-mail, which includes all the characteristics, price, transportations means, date of contracting, and estimated delivery of the purchased product(s).
If there is any type of error in the indicated address or in any other part of the order, you must immediately notify such error to the Customer Service e-mail address that will appear on the web, in order to proceed to its correction.
If you have any questions, you may contact our Customer Service through any of the methods provided on the website 2.) www.toledogitfs.com.
JAIME TORRES DÍAZ will provide Customer Service in a FREE manner, through our contact email email@example.com. If you choose an alternative method of communication, the User is responsible for bearing all costs pertaining to such chosen method.
PURCHASE AS A GUEST
This website also has the option to purchase through the purchase functionality as a guest. In this purchase mode, you will only be asked for the essential information to process your order. Once the purchase process is finished, you will be offered the possibility to register as a User or continue as a non-registered User.
Shipments will be made through a courier that offers the best value and price. The shipping costs will be applied in the following manner:
The delivery time is usually between 1-30 working days (unless force majure events happen), depending on the population of the destination and the chosen payment method. This term is understood as long as the availability of the products has been confirmed and the full payment of the order has been verified.
If the data provided by the User is either false, inaccurate, or incomplete, the Provider will not assume any responsibility in the event the delivery of the product or service is not completed.
The delivery will be considered completed once the carrier has made the products available to the User and the latter, or the delegate of the latter, has signed the delivery receipt.
The User is responsible of verifying the product(s) upon receipt and manifesting all the reservations and claims that may be justified in the delivery receipt.
In the event that the Contract does not involve the physical delivery of any product, being that the product is directly downloaded from the website, the provider will inform the User in advance about the procedure to be followed in order to perform such download.
6. PRICES AND VALIDITY PERIOD OF THE OFFERS
All prices displayed in the store include the VAT in force at the time of purchase. All the prices that appear on the website are valid, except those with typographical errors or related to products no longer in stock, and in any case, they will be expressed in Euro currency (€). Said expenses, unless expressly indicated otherwise, do not include shipping, handling, wrapping, shipping insurance or any other additional services and attachments to the product or service purchased. (VALUE ON ADDED TAX: In accordance with the provisions of article 68 of Law 37/1992, of December 28, on Value Added Tax, the delivery of the products or services shall be understood to be located in the territory of application of the Spanish VAT, if the delivery address is in Spanish territory, except for the Canary Islands, Ceuta and Melilla or any country outside the European Union.The applicable VAT rate will be the current legally valid one at all times, pertaining to the specific article in question. For orders destined to the Canary Islands, Ceuta and Melilla or any country outside the European Union, deliveries will be exempt from VAT, in compliance of the provisions set forth in Article 21 of Law 37/1992, without prejudice to the application of taxes and duties in accordance with the regulations in force in each of these territories.)
The payment made to the Provider will entail the issuance of an invoice in the name of the registered User. This invoice will be automatically sent to the e-mail address provided by the User, as well as a copy that is included in the delivery of the purchased product in printed form.
The prices that applicable to each product will be those published on the website, and they are automatically applied by the contracting process in its last phase. The client accepts and acknowledges that, in any case, the economic valuation of some of the products may vary in real time. In any case,such situations will always be previously communicated to the Users.
For the promotions of limited duration, the discount of the promotion will be applied as long as the order has been registered and concluded during the established promotion period.
The data recorded by the different payment methods constitute a proof of the date on which the financial transactions were carried out and will serve to determine if said order is or is not subject to promotion.
For any information about the order, the User can contact through an email to the address provided.
7. PAYMENT METHODS:
Below we detail the available payment systems:
7.1 Payment by credit or debit card
The User must have a valid credit or debit card, where all the digits of the card number must be specified in the corresponding form. The transaction is formally completed at the time of placing the order. Only Visa, MasterCard , Amex and Union Pay are accepted. We only accept payments with secure cards in which identity authentication is carried out by the cardholder, according to the method established by your bank, through secure electronic commerce ("Verified by Visa" and "MasterCard SecureCode"). The order can not be taken into account and will not be processed until the payment has been authorized by your bank or savings bank.
The payment system used is the system called SSL (Secure Sockets Layer), which offers a secure environment payment system since it allows the encryption of the information transmitted during the transaction, ensuring its confidentiality.
8. DELIVERY OF ORDERS
8.1 Delivery Address
The delivery of orders will be made at the delivery address freely designated by the User. In this way, the Provider does not assume any responsibility in those cases where the delivery of the product does not occur if the User has provided data that is false, inaccurate, or incomplete. The same happens in those cases where the delivery can not be completed for reasons beyond control of the shipping company assigned for that purpose, such as the absence of the recipient.
The delivery time of the order will be during regular business hours.
Notwithstanding the foregoing, the Provider has adopted the measures required of a diligent merchant so that the delivery can be made within the agreed time period, so no liability can be attributed against the Provider.
Shipments are only made to destinations elegible in the "Country" field during the check out.
JAIME TORRES DÍAZ will put all the means at your disposal so that your order is delivered within the time period that is shown on our website, on the date of issuance of the order confirmation.
8.2 Terms of delivery
These terms correspond to those established in the file of each product. In case the products not available at the time of purchase, our Customer Service Department can provide you with availability information and a delivery deadline.
If you have requested several products in the same order, keep in mind that they may have different availability dates, in which case you could receive them on different dates. Please note that in the absence of availability of any of the references at the time of shipment, you have the right to cancel at any time before sending the order, by contacting our Customer Service through the following email address: firstname.lastname@example.org, where you shall supply the order number.
8.3 Shipping confirmation
At the time of delivery of the order to our carrier, we will send a shipping confirmation to the email address that you have provided when placing the order. In the shipping confirmation, we will indicate the corresponding tracking number so you can track it through the website of our carrier.
8.4 Damage to delivery
Products are delivered in secure packaging. If at the time of delivery, the recipient detects, in a visible and clear form, without the need to maneuver the shipping package or those packaging natural to the product, that the product has defects attributed by damage caused by the carrier company, or if in the same manner, there is an error in the merchandise received, the User must detail this fact in the receipt that is provided and signaled by and of the carrier and immediately contact our Customer Support email email@example.com. Such notifications must be executed within 24 hours after receipt, by which you will be able to be able to prompt the return of the affected product or products and proceed to their replacement by another in optimal conditions or, alternatively, to reimburse the price paid for it, as you indicate in that email.
If a proof of delivery does not have any damage report, is understood that the product has its packaging in perfect condition. Likewise, if a damage is detected in the product once the package is opened, and the packaging is in perfect condition, the client has 24 hours from reception to contact our customer Service email firstname.lastname@example.org. After 24 hours of delivery, no claims will be accepted for damage to the product.
9. RIGHT OF WITHDRAWAL
9.1 Right of withdrawal
The User has 14 calendar days to return the product, which are counted from the date of receipt thereof (Article 71 of Law 3/2014, of March 27). If you are not satisfied with the product or any of the products of your order, the User may exercise his right of withdrawal by filling in the form attached to these conditions, indicating the order number (to obtain a refund of the amount of the product/s within the maximum period of fourteen (14) calendar days following receipt of the order) together with your contact information. Unless the return is made for reasons of defects in the product, the expenses related to the shipment will be assumed by the USER. The product must be returned in its original packaging and in perfect condition.
We will provide you with a return number and instructions for the return procedure. You must send it to us through the mail email@example.com or by postal mail, always within the period of 14 calendar days upon receiving of the order. After this period, you can only request the return or exchange of the products for technical reasons that are subject to the guarantee of said product (s).
You must return the product with all the elements with which it was delivered, without any damage or wear marks of any kind, nor showing an inappropriate use of the good or that is different from the nature of the same, to the address that we have provided.
It is advisable to return the product in its original packaging. If this is not possible, the product will suffer a depreciation in its value. The Client will be responsible for the packaging and protection of the products that are sent as well as the expenses derived from its shipping.
As long as the products are returned within the said period of 14 calendar days, without any damage, wear and/or defects, and in compliance with the requirements established in this section, and always including the return number that we have provided, we will refund the total amount of the purchase.
Remember that in any case the product should include:
- Return number provided
- Order number
- Date of purchase and exercise of withdrawal
Information of interest (optional):
- Reasons for the return
- Information that you believe is necessary or of interest to process the return
9.2 Return of a defective product
The User must inform www.Toledogifts.com of the lack of conformity with the product within two months of being aware of it. In the event that the product is defective in origin, due to a manufacturing fault, you must send an email to firstname.lastname@example.org with the order number and explaining the reasons for the return. Our Customer Service will contact you via email or phone call indicating how to proceed to resend the defective product and provide you with a return number.
The product (s) of the order must be returned to the address that we will provide, including all the elements with which it was delivered in perfect condition, without damage or marks that show an inappropriate use of the good or different to the nature of the product.
Once the defective product is received, in compliance with these requirements and verifying that the product (s) have a manufacturing fault, we will contact you to arrange the repair, replacement, price reduction, or termination of the contract. In any of the above cases, the related expenses will be borne by JAIME TORRES DÍAZ.
9.3 Return of non-defective product
When the product has no defect and its return has been motivated by ignorance or misuse, JAIME TORRES DÍAZ will contact you to indicate the steps to follow for the recovery of the product.
The shipping costs derived from the return of a product that does not present any defect or defect attributed to the User, shall be borne by the User and www.toledogifts.com will not proceed to such shipment until having received the advanced payment of the resulting shipping costs. If the verification performed by www.toledogifts.com indicates that the product subject of return is damaged due to misuse or poor protection during shipment, it may result in the cancellation of the guarantee or cause a decrease in the value of the product.
9.4 Return by mistake in the order by JOSE FRANCISCO PADILLA RAMIREZ
When the product does not correspond to the placed order, due to an error that is attributable to the company, the User must communicate the company about this circumstance by mail as soon as possible; JAIME TORRES DÍAZ will bear the cost of collecting the product(s) sent by mistake as well as those of the delivery of the order that was originally placed.
9.5 Verification of Returns
The verification and examination of the products to be returned will be borne by JAIME TORRES DÍAZ, who, once in their facilities, will verify that they are received in compliance with all the requirements established in section 9.1. Failure to comply with these requirements may result in the cancellation of the guarantee or cause a decrease in the value of the product.
In case the product is missing any of its elements, the product will be returned to your home with a note indicating the missing content.
9.6 The right of withdrawal can not be applied in the following cases
1. If the product is not presented in perfect condition.
2. If the packaging of the product is not the original or it is not in perfect condition. The original packaging must protect the product so that it is received in perfect conditions, the use of seals and adhesive tapes applied directly on it is therefore forbidden.
3. For products that are opened, without being able to prove that it has not been used.
4. For software applications that are directly downloaded through the portal.
5. For personalized products or those that, due to hygienic reasons or other legally established exceptions, are not susceptible of this right.
10.1 Reimbursement for returns
In case of returns, the reimbursement of the amounts paid will be made through the same means of payment used in the purchase. JAIME TORRES DÍAZ will not refund the amount or make any return of merchandise until verification has been performed (for the reception, state of packaging and accessories of the product subject of the return) or for any changes in our warehouse.
10.2 Term of Reimbursement
The reimbursement will be made within a period of 15 business days from receipt and verification of the conditions of receipt of the shipment. The maximum period to make the established payment is one month. To proceed with the reimbursement, you must provide us with the following information:
- return number
- invoice number and order
- IBAN + 20 digits of your bank account.
10.3 JAIME TORRES DÍAZ declines the reimbursement of the amounts if:
- the products are used or deteriorated, or their use has exceeded their nature.
- the products are missing any element.
11. APPLICABLE GUARANTEES AND AFTER-SALES SERVICES:
All products offered through the website are completely original, unless otherwise indicated in their description.
All products have a guarantee period of 2 years, according to the criteria and conditions described in Law 3/2014, of March 27, which approves the revised text of the General Law for the Protection of Consumers and Users, as well as other complementary laws, excluding those exceptional cases where the guarantee period may be of different duration.
In case the Law for the Guarantees on the Sale of Consumer Goods (23/2003, of July 10) establishes that the product must be sent to the manufacturer to manage said guarantee, the team of JAIME TORRES DÍAZ will contact you by e-mail or telephone, to provide you with indications on how to proceed. In such cases, JAIME TORRES DÍAZ is not responsible for how the manufacturer processes the guarantee of said product.
1. Unless proven otherwise, it will be understood that the products are in accordance with the contract, as long as they meet all the requirements that are expressed below, except when due to the circumstances of the case, some of them are not applicable to them:
a) They are in conformity to the description made by JAIME TORRES DÍAZ.
b) They are suitable for the uses to which products of the same type are ordinarily destined.
c) They are suitable for any special use required by the client when he has notified JAIME TORRES DÍAZ at the time of signing the contract, provided that he has admitted that the product is suitable for this use.
d) They present the usual quality and benefits of a product of the same type that the client can reasonably expect, taking into account the nature thereof and, where appropriate, the descriptions of the specific characteristics of the products made by JAIME TORRES DÍAZ.
e) JAIME TORRES DÍAZ describes the details, technical characteristics, and photographs of the products provided by the manufacturer thereof, in a way that www.toledogifts.com is not bound by these public statements.
2. When the installation of the product is included in the contract of sale-purchase, and it is performed by www.Toledogifts.com or under their behalf and responsibility, the lack of conformity resulting from the incorrect installation of the product will be equated with the lack of conformity of the same, or by the USER when the faulty installation is due to an error in the installation instructions.
3. Liabilities shall not apply in the event that the User knows or has not been able to ignore the lack of conformity at the time of conclusion of the contract or that it has originated from the materials provided by said User.
11.2 Defective products
For cases relating to a defective product,www.toledogifts.com must proceed with the repair, replacement, price reduction, or termination of the contract (as applicable). Such procedures will be free of charge for the User. JAIME TORRES DÍAZ is liable for the lack of conformity that is manifested within a period of two years from delivery, provided that the User informs JAIME TORRES DÍAZ of the lack of conformity within two months of having knowledge of it.
11.3 Cases of cancellation of the guarantee
The guarantee is not covered for the following cases:
- Deterioration created by adaptations, adjustments, or modifications made to a product, without a written agreement with the manufacturer,
- Expenses related to maintenance, repair, or replacement of parts due to normal wear and tear,
- Breakdowns and deterioration of accessories,
- Deterioration created by improper use of the product, inappropriate use, failure to comply with the instructions for use with regard to its usage and maintenance, or related to an improper installation,
- Damages generated by non-accredited persons or the User,
- Damage caused by accidents, lightning, floods, fires, or any other cause that is not the responsibility of the manufacturer,
- Damages caused by a system failure in which the product may be incorporated,
- If the model or serial number of the product shows any modification,
- Use of the product outside the family and private setting, for example in intensive professional use, or
- Products have already been repaired by a Repair Services provider unrelated to JAIME TORRES DÍAZ.
11.4 Replacement of an irreparable product
In the event that the product is considered irreparable or the cost of the repair is disproportionate to its value, it will be replaced by another product that is exactly equal to it. If this were not possible, we will offer you a product with identical or superior features.
The replacement of your product will terminate your sales contract and warranty extensions if any, because when you buy your new product it shall benefit from a new contract as it is considered a new purchase.
12. NULL AND VOID CLAUSES
If any clause included in these General Conditions is declared ,either totally or partially, as null or void, such nullity or voidness will only affect that sole provision or the part of it that is null or void, implying that the remaining General Conditions will subsist, having said provision, or the affected part of the same, considered as being excluded.
13. APPLICABLE LAW AND JURISDICTION
These conditions will be governed or interpreted in accordance with Spanish legislation in those matters that are not expressly established. In reference to the products and services that are subject to these Conditions, the Provider and the User agree to submit any dispute that may arise in such matters, to the Courts pertaining to the domicile of the Provider (if it is a legal entity) or the User (if it is a natural person).
In the event that the User has its domicile outside of Spain, the Provider and the User, expressly waive any other forum, submitting to the Courts of the city of Barcelona (Spain).
14. COMMENTS AND SUGGESTIONS
Your comments and suggestions are welcomed. We kindly ask you to send us any comments and suggestions through our contact form.
In addition, we have official complaint forms that available to consumers and Users. You can request them by emailing the Customer Service address contact@toledogifts.