GENERAL CONDITIONS OF CONTRACTING OF WWW.VIGAR.COM
1.- Identification of the Parties
On the one hand, the trading company “Casa Vigar, SL, hereinafter called Vigar, with its registered office at Partida Plans, Parcela 331-334 03740 Gata de Gorgos (Alicante) and with VAT number B-03268802, and owner of the domain www.vigar .com, hereinafter Website.
And on the other hand, the User, who contracts the products offered through the Website and whose identifying data are those provided directly by the latter by incorporating their data into the various forms that Vigar makes available to anyone Of the products offered through the Website.
2.- Applicable Legislation.
These General Conditions of Contract are subject to Spanish law, to the provisions of Law 7/1998, of April 13, on General Conditions of Contract, in Royal Legislative Decree 1/2007, of November 16, by Which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws, in Royal Decree 1906/1999, of 17 December, which regulates Telephone or Electronic Contracting with General Conditions , Organic Law 15/1999, of 13 December, on the Protection of Personal Data, Law 7/1996, of January 15, on Retailing, and Law 34/2002 of July 11 , Services of the Information Society and Electronic Commerce.
3.- Purpose and Scope of Application.
The purpose of these General Conditions of Contract governing the provision of services is to regulate the access and acquisition regime of the products provided by Vigar to the User through the Website, constituting the legal framework that develops the contractual relationship.
The aforementioned General Conditions of Contract may be consulted, printed and stored by the User prior to the commencement of the contracting procedure.
These General Conditions of Contract regulate the legal relationship derived from the contracting processes formalized by the User through the Vigar Website. The User expressly accepts the full and unreserved adherence to the present provisions in the version published by Vigar at the moment the User accesses the Website and has been able to access these General Conditions of Contract, or contract the products in which he is interested.
The User agrees to read carefully the General Terms and Conditions of Contract, whenever he or she proceeds to the contracting of any product, since these have been subject to modification since the last time he agreed.
By accepting these General Conditions of Contract, the User declares:
* That is a person with ability to hire.
* That you have read and accept these General Conditions of Contract.
The User will always have access, in any case, prior to the beginning of the contracting procedure of the products, to the General Conditions of Contract, and may be stored and / or reproduced in a durable medium. Vigar makes available to the User an email address, firstname.lastname@example.org, in which you can contact through the contact form in order to answer any questions regarding these General Conditions of Contract.
Vigar may modify these General Terms and Conditions of Contract, without affecting the products acquired by Users prior to the modification, provided there is sufficient cause or reason for doing so. It is understood that there is sufficient cause or reason for the modification, with an enunciating and non-limiting character, when the purpose is:
* Expand the range or number of products that are made available to the User or improve existing ones.
* Adapt the products that are the object of this contract to the advances that may occur due to the development of new information technologies
* Modify, replace or update the prices of products offered through the Website.
7.- Conditions of Contract.
These General Conditions of Contract apply to any contracting of products through the Website.
7.1.- Obligations of Vigar.
Vigar undertakes to comply with the following contractual obligations arising from the commercial relationship with the User as a result of the contracting of products by the same:
* Provide with the maximum guarantees to the User, the products requested by the User in accordance with the provisions of these General Conditions of Contract and without any lack of good contractual faith.
* To expressly inform the User of the existence of these General Conditions of Contract prior to the commencement of the contracting procedure.
* To inform the User, prior to the contracting and in a concrete, clear, precise and unequivocal manner, of the specific characteristics of the requested products, such as the price thereof and applicable taxes.
* Make available to the User a copy of the text of the General Conditions of Contract. Likewise, and for those products that require it, the User will be made available prior to contracting the Particular Conditions that are applicable.
* Send to the User the proof of payment or invoice of the products contracted to Vigar. Said justification or invoice will be accessible for download by the user.
* Comply with precepts in the regulations on the rights of consumers and users.
7.2.- Obligations of the User.
For its part, the User accepts the following contractual obligations:
* Perform the complete compliance with the provisions of these General Conditions of Contract in the contracting of the products offered by the Website.
* Complete the registration forms before the beginning of the contracting procedure with truthful and updated information to be able to access any of the products offered on the Website. Likewise, the User guarantees and will be responsible for keeping them completely updated for the duration of their User status on the Website.
* Complete the product access forms, with truthful and current information since these data are necessary for the issuance, where appropriate, of the invoice of Vigar and the collection of the contracted products.
* Provide correctly the bank details requested by Vigar, as well as pay the price of the products contracted according to the chosen form of payment and with the current tariffs published by Vigar on the Website at the time of recruitment.
* Omit the sending of messages that in any way prevent or hinder the normal operation of the services offered by the Website. In any case, the User will be solely and totally responsible for the content of the messages that he / she writes or sends, as well as of the data that facilitates.
8.- Availability of Products.
Vigar informs the User that the number of available units of the products offered is kept up to date with stock in stock and availability of sale. In no case will Vigar intentionally sell more units than are available for sale.
It should be noted that all orders will be shipped within the available stock limits. In the event that there is any stock breach or timely unavailability of a product, Vigar will inform the User by e-mail or by telephone of the partial shipment or the cancellation of your order.
If the charge has already been taken into account at the time of giving information regarding the unavailability of the product, a refund procedure will be performed for the corresponding amounts, informing the User about it by sending an e-mail.
After initiating said procedure, Vigar will proceed to the refund of the amount of the articles satisfied by the User as soon as possible. In this sense, Vigar will refund the corresponding amounts within a maximum period of 8 days if the User used a debit card or PayPal and before the end of the corresponding month if the payment took place by credit card.
The partial cancellation of the order due to lack of availability will not suppose the cancellation of the entire order, unless the User so declares. All this without prejudice to the right to withdraw.
The prices applicable to the contracting by the User of the products, will be those that appear in the Website at the moment in which the User accesses specific product, and proceeds to start the process of contracting. Also at these prices will be applicable other expenses established in these General Conditions of Contract in a specific section on applicable shipping and tax policy.
In case of an error in the price of the products that the User has contracted, we will inform you as soon as possible and we will give you the option to reconfirm your order at the correct price or cancel it. If we fail to contact you, the order will be considered canceled and full amounts will be reimbursed.
We will not be obliged to supply you with the product (s) at the wrong price (even if we have sent you the Shipment Confirmation).
Vigar reserves the right to modify the price list published on the Website, when it deems it convenient. In any case, the foregoing shall not apply to those products contracted prior to the modification.
10.- Forms of Payment.
The means of payment available will be as follows:
A) Payment by bank card:
The payment of the entire price is calculated according to the order of the buyer who agrees to pay the price stipulated for the ordered articles including the price of the items as well as the postage costs.
Only the payment for one of the following bank cards will be accepted: VISA, MASTERCARD. Also the buyer can make their purchase through the services of PAYPAL. The charge on your card will be made the moment we confirm the order.
Credit cards will be subject to checks and authorizations by the issuing entity, but if that entity does not authorize the payment, we will not be responsible for any delay or lack of delivery and we will not be able to formalize any order with you.
B) Payment by bank transfer
Payment by bank transfer can be made to our bank. You will find the data in the buying process. Once verified that the transfer has been made we will proceed to prepare the order.
11.- Security in the Purchase.
With the aim of giving maximum security to the payment system, Vigar uses secure payment systems from leading financial institutions in electronic commerce. In this sense, the confidential data of the payment are transmitted directly and in encrypted form (SSL) to the corresponding financial institution.
For Visa and MasterCard payment, Vigar only accepts CES (Secure Electronic Commerce) transactions with the international 3D Secure protocol which is distinguished by the distinctive Verified by Visa and MasterCard SecureCode. Secure Electronic Commerce is an initiative whose basic principle is to guarantee security in Internet transactions. When you make the payment through the secure payment gateway, the system will automatically verify that the credit card is activated for Safe Electronic Commerce. Then, it will connect with the issuing bank of the same, which will request that it authorize the operation through a personal authentication code. The operation will only be performed if the bank issuing the credit card confirms the authentication code. Otherwise, the transaction will be rejected.
As a complementary measure to the “Secure Payment” system and with the aim of collaborating in the prevention of fraud through the Internet, Vigar reserves the right to verify the personal data provided by the client and to take the measures it deems appropriate (including Cancellation of the order) so that the purchased goods are delivered in accordance with the data contained in the order.
12.- Contract with Vigar and Order Acceptance.
Until the order is accepted by Vigar (although it has already been charged to your account) there will be no contract between the User and Volumbags. If the order is not accepted and we have already done so, the amount will be refunded in full.
After clicking “Buy” the user will receive an email as an acknowledgment. This does not imply that the order has been accepted, since it is an offer you make to make a purchase. Orders are subject to our verification and acceptance. We will confirm the acceptance by sending you an email informing you that the order is being sent (Confirmation of shipment). Only at this moment will the contract between the User and Vigar be formalized.
Only products listed in the Shipment Confirmation will be subject to contract. We will not be obligated to supply you with any other product that may have been ordered until we confirm the shipment of the same in an Independent Shipment Confirmation.
Vigar may refrain from taking orders that do not present sufficient guarantees of solvency, or that are incomplete or incorrect or in the case that the products are not available, without liability towards the User or third parties. In any case, we promise to inform you and if we had already charged the amount of the order we will reimburse you the amount you have anticipated.
13.- Transmission of Risk and Property.
The User acquires ownership over the products at the time of full payment of all quantities, including shipping costs. The responsibility for the products will be transmitted to the User with the delivery of the product to the carrier.
14.- Purchase Limit.
It is not allowed to purchase products brand Vigar for later resale. In this sense, purchases may not be made for an amount above 300 euros or containing more than 20 items. Users who are interested in making purchases above this amount or quantity for other purposes than the resale should contact the “Customer Service” service where they will be informed about the different options to make the desired purchase.
15.- Shipping Policy and Applicable Taxes.
Transportation of items purchased on the Website will be carried out through a courier company and will be delivered within approximately 2 to 7 business days. Deliveries will be made within the schedule of delivery of the transport company.
In order to avoid incidents in the delivery (erroneous addresses, inability to find someone at home, etc.), it is essential to complete the form correctly, it is advisable to fill in the box related to the contact telephone.
The follow-up of orders can be made through the website www.vigar.com where it will be indicated, at each moment, in which place the merchandise is until its final receipt by the customer.
The price of transport is € 6 for the Peninsula and € 12 for the Balearic Islands.
It will not be possible to send orders to PO Boxes.
Shipping costs can be changed at any time without notice. Will be valid those shipping costs that appear at the time of placing the order.
The products are delivered to the address of delivery mentioned in the course of the order. In case of error in the data Vigar is not responsible for the impossibility of delivery. In this case, the expenses originated by a new delivery will be paid by the User and invoiced at their real cost. Vigar undertakes to deliver the ordered items as quickly as possible.
To all the products offered in the Website, will be applied the Value Added Tax (VAT).
16.- Geographic Coverage of the Offer.
The products sold on-line on the Website or any other website to which we can redirect you through a link are delivered in Spain, only peninsula and Balearic Islands.
17.- Responsibility of the Parties.
17.1.- Responsibility of Vigar.
The content of this Website is presented for the sole purpose of promoting the products of Vigar, without any other guarantee whatever its nature.
The User is warned that the use of electronic systems carries risks.
In particular, Vigar disclaims any responsibility for any damages:
* That may be caused by the lack of availability and / or continuity of the Website.
* That is generated to the User in case of inability to provide the service object of these General Conditions of Contract due to cases of unforeseeable circumstances, force majeure or other causes not attributable to Vigar. (I) the modem, (ii) the computer system of the User, (iii) the navigation software, (iv) viruses, (v) network interconnection (Vi) ADSL, ISDN, and / or any other transport or telecommunications infrastructure used by the User.
* For the inadequate functioning of the Website if this is due to maintenance work, incidents, a defective operation of the User’s terminal or its insufficient capacity to support the systems indispensable to make use of the service.
Vigar does not guarantee the absence of viruses or other elements on the Website that may cause alterations in its computer system, nor the usefulness, accuracy, updating or infallibility of the contents or services not controlled by them.
Vigar will take the appropriate measures to ensure a rapid response, but can not be held responsible for delays due to telecommunications services, nor guarantee a specific delivery time of the products.
17.2.- Liability of the User.
The User will be solely responsible for the consequences arising from the communication of data that are not true as well as data belonging to persons other than the User.
Adopt the necessary security measures, both personal and material, to maintain the confidentiality of your username and password, as well; Such as notifying Vigar immediately of the loss, misplacement, subtraction, theft or illegitimate access of its user name, as well as its knowledge by third parties.
In case of breach by the User of its contractual obligations, Vigar reserves the right legal actions, as well as the right to restrict access to the products offered on the Website.
18.- Right of Cancellation of the Order.
Vigar guarantees to Users the possibility of canceling their order at any time and without any cost provided that the cancellation is communicated within 48 hours. To request it you must contact Vigar via the e-mail email@example.com or by calling 965 757 035 from Monday to Friday from 9 am to 2 pm and from 3 pm to 5 pm.
19.- Right of Withdrawal and Way of Exercising it.
In accordance with Royal Legislative Decree 1/2007 of 16 November, approving the Consolidated Text of the General Law for the Defense of Consumers and Users, if for any reason the buyer is not satisfied with his order, Will have a period of 14 calendar days from the time he acquires the possession of the property, in order to withdraw from the contract without justification and without penalty. The term shall be deemed to have been fulfilled if it returns the property before the end of the period.
In the event that the purchase involves the delivery of multiple goods ordered by the consumer and user in the same order and delivered separately, the withdrawal period will expire at 14 calendar days after the buyer, or a third party indicated by him, Other than the carrier, acquires the natural possession of the last of the goods.
The Right of Withdrawal may be exercised on one, several or all of the items purchased.
Before exercising the right of withdrawal or canceling an order the User must contact us through the telephone 965 757 035 (Monday to Friday from 9 a.m. to 2 p.m. and from 3 p.m. to 5 p.m.) or firstname.lastname@example.org.
The right of withdrawal will be applicable provided that the contracted products are returned under the same conditions in which the User received them, along with their original original packaging, labels and along with any accessories related to them. A copy of the invoice for the purchase of the returned product must also be included. The User will be responsible for demonstrating that the products have been returned. Vigar will not be liable, for lost, delayed or erroneous shipments of any product that the User wishes to return to us.
Vigar will determine if the products are in the same conditions in which they were sent to you. Products that have been returned damaged, incomplete, damaged, worn or dirty by the User will not be reimbursed and will be made available to its sender and sent back to postage due.
In accordance with Legislative Royal Decree 1/2007 of 16 November, amending the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws, the consumer assumes the direct cost of the return Of the goods, except in the case of a tare or defect.
If the return does not comply with the stipulated terms, there will be no right for the User to receive any refund of the amount and the goods will be shipped to you. If the recipient of the products is different from the User who made the payment, the money will be refunded to the User who made the payment.
Returned products must be shipped in a single delivery. Vigar reserves the right not to accept products that belong to a single order, returned and delivered at different times.
Once we receive the item and verify that it meets the above conditions, we will refund all payments received from you, including delivery charges. We will proceed to make such refund using the same payment method used by you for the initial transaction, in any case, will not incur any expenses as a result of the refund.
20.- Return Policy in case of Shipping of Defective or Erroneous Products.
If the User receives a wrong order or defective product, please contact us immediately within 24 hours at the following email address: email@example.com, indicating the error or defect together With your personal data.
We will carefully review the returned product and will notify you by e-mail within a reasonable time if the return or replacement (if applicable) is necessary. The return or replacement of the article will be made as soon as possible and, in any case, within the 14 calendar days following the date on which we send you an email confirming that the return or replacement of the article is required.
The amounts paid for those products that are returned due to any defect, defect or erroneous shipment will be fully refunded, including the delivery costs incurred to deliver the item and the costs that you incurred to return it to us. The return will be made using the same payment method chosen by the User at the time of purchase.
21.- Warranties and Information of the Products.
The products offered on this website have been selected from the VIGAR brand collections, so they maintain the same quality and guarantee status as the articles intended for sale to the public in another off-line sales channel.
Vigar responds to the lack of conformity, which is not due to normal wear and tear of the product due to its use, which is manifested within two years of delivery. The consumer and user must inform Vigar of the lack of conformity within two months of becoming aware of it.
Vigar manifests and guarantees that its Internet platforms are technically prepared for the sale of products.
Vigar makes its best efforts so that the information that appears is correct.
Products offered through the Website may suffer minor variations in specifications, colors or other design features.
Failure caused by negligence, blows, use or improper manipulation by the User is not included in this warranty.
In the cases in which the use of the guarantee is justified, the defective product or the return will be replaced, in the legally established terms. All expenses arising as a result of the return of the same will be borne by Vigar, who will be responsible for managing the transport with the carrier.
For the purpose of practicing the appropriate notifications, Vigar designates as contact address the one specified in the legal notice.
The e-mail provided by the User during the registration process on the Website will be the one used by Vigar in order to make notifications to the User.
The User is obliged to keep duly updated the data that for the purposes of notifications are referenced in this clause.
All notifications made by Vigar to the User will be validly considered if they have been made using the data and through the above mentioned means. Vigar is not liable for any damage that may occur due to the violation of the User of his obligation to maintain updated his contact information.
23.- Nullity and Ineffectiveness of the Clauses.
Should any clause included in these General Conditions of Contract be declared totally or partially null or ineffective, such nullity will only affect that provision or the part thereof that is null or ineffective, and in all other respects the General Conditions of Contract.
24.- Duration of the General Conditions of Contract.
The period of validity of these General Conditions of Contract, will be the time that they remain published on the Website and will be applicable from the moment the User proceeds to the contracting of any of the products.
25.- Competent Jurisdiction.
In the event that the User uses the products, in order to integrate them into their own production processes, both parties, expressly waiving any jurisdiction that may correspond to them, are submitted for the resolution of disputes to the Dénia Courts.