General contracting conditions
GENERAL CONTRACT CONDITIONS
1. INFORMATION TO USERS.
Through this clause, the contractual document that will govern the acquisition and contracting, by consumers and users, of the products and services offered through this website, is exposed, in accordance with the provisions of Law 34/2002, of 11 July, on Services of the Information Society and Electronic Commerce, and in Law 3/2014, of March 27, which modifies the Consolidated Text of the General Law for the Defense of Consumers and Users and other laws complementary, approved by Royal Decree 1/2007, of November 16.
2. GENERAL ASPECTS.
The acceptance of this document implies that the consumer and user:
a) You have read, understand and comprehend its content.
b) That he is a person with sufficient capacity to contract.
c) That he expressly and previously assumes and accepts all the obligations that correspond to him and that derive from this document.
These "General Conditions of Contract" will have an indefinite validity period and will be applicable to all contracts made through the website https://www.nuriacobo.com. Said Conditions will subsist as long as they are not modified by the provider that owns the domain of the same, for which the service provider and owner of said domain reserves the right to modify them unilaterally and without prior notice, without this affecting the services , goods or promotions that were acquired prior to the modification.
3. IDENTITY OF THE PARTIES
ON THE ONE PART, the supplier of the goods or services contracted or acquired by the consumer and user, which is BENZAI 2021, S.L.U., with N.I.F. B90413436, also called "provider" or "provider" for the purposes of this document, and which holds the ownership of the website https://www.nuriacobo.com
In particular, the provider informs of the following aspects:
a) The provider has his professional domicile in:
Rosary Street, No. 16. Postal Code 41,001, Seville.
b) The provider has the following means of direct contact for its consumers and users:
- Email address:
- Telephone number (with country code):
+ 034 954211324
+ 034 628936111 (also via whatsapp)
ON THE OTHER PART, the consumer and user, or interested party, registered on the website by means of a username and password, over which they have full responsibility for the use and custody, and are also responsible for the veracity of the personal data provided to the provider.
4. PURPOSE OF THE CONTRACT.
The purpose of these stipulations is to regulate the contractual relationship that arises between the provider and the consumer and user at the time that the acceptance of conditions is issued by the latter during the online contracting process, as provided in section 8. of this same document, thus perfecting the contract between both parties, as provided in articles 1,258 and 1,262 of the Civil Code.
5. MAIN CHARACTERISTICS OF THE PRODUCTS OR SERVICES.
The provider's main activity is the sale of shoes, clothing and accessories.
6. PURCHASE PRICES.
The purchase and acquisition prices of the services and products that the provider offers through its website are final prices for the consumer and user, which means that they include the applicable taxes or fees (which will be broken down during the process). hiring), except typographical error.
In the event that the consumer and user purchase products that cannot be sent online, the following rules are established with respect to shipping costs:
1) These expenses in any case will be borne by the consumer and user according to the breakdown made during the purchase process. If the consumer and user makes a purchase for an amount equal to or greater than fifty euros (€50.00), shipping costs will be free for the peninsular territory of Spain and Portugal. For the rest of the territories, the consumer and user must consult with the provider.
2) In case of accepting a shipment made to a country that is not a member of the European Union, the consumer or user must take into account the customs expenses and/or tariffs, and other costs that may be included, all of which must be paid upon receipt of the order. Given that these amounts may vary from one country to another, the provider cannot determine their accuracy a priori, so consumers and/or users are recommended to make precise inquiries at the corresponding customs services before making the purchase of the product. product.
3) In case of paying for the purchase from outside of Spain, the consumer or user must also take into account that there may be additional charges from their bank when using their credit or debit card. The provider will in no case be responsible for said additional charges, as well as for any other that may occur in the use of the payment methods used, so we recommend that the consumer or user obtain all the information in this regard prior to the purchase.
The prices of the products or services have a validity equal to the time of their maintenance and as long as the provider does not conveniently modify them in the place where they are exposed. The campaigns, if they occur, will have a specific validity according to the period of duration that is indicated in each case.
However, the consumer and user assumes in any case that the economic valuation of the services or products may vary in real time. In any case, such circumstance will always be communicated prior to the acceptance of the consumer and user.
The provider also informs that it makes or could make, both through its website and by sending emails to the addresses provided by consumers and users or other means provided and consented to by the client, promotional offers (such as those that include discounts, prizes or gifts), or promotional contests or games, or application of discount coupons, whose conditions of application and participation will be conveniently determined at the time they are communicated, or at the time they are offered during the process of purchase, providing the consumer and user with all the necessary information. This information will also determine the products or services on which they fall, which will depend on the line and the period of the season in which they are offered.
7. LANGUAGES OR LANGUAGES ADMINISTERED IN THE CONTRACTING PROCESS.
The provider declares that the contracting procedure may be carried out in Spanish or English.
8. DESCRIPTION OF THE CONTRACTING PROCESS.
The consumer and user, in order to access the products and services offered by the provider, must comply with the following procedures of the contracting process:
1) The consumer and user will be able to select the product offered on the website, where the total price of the product will appear, specifying the applicable taxes and the available payment methods.
2) Next, and activating the "Buy" option, a new window will be accessed where it will show you the product with the total price and with the possibility of entering the necessary code to use discount coupons and check whether or not it has shipping costs. .
If you decide to register, once the registration has been made, a name and username will be assigned to the interested party, who undertakes to make diligent use of them, and not to make them available to third parties, as well as to notify the provider of their loss, theft or impersonation. , or the possible access by an unauthorized third party, in such a way that the provider can proceed to the immediate blocking.
Both in the event that the system allows the consumer and user to freely choose the elements that make up their username and password, and in the event that it is the provider who initially assigns it and the system allows the consumer and user to change them, opting for do so, the provider is not responsible for the characters chosen for your user, nor for the password, nor for the improper use that may be made of them. To this end, the consumer and user may not choose as identification name or password words that may incite confusion with other existing ones, or that contain profanity, insulting expressions or, in general, contrary to the law or the requirements of the morals and good customs. In this regard, the provider may reject the names and passwords that contravene the provisions of this section. Likewise, and in general, you can block and/or eliminate any user without the need for justification.
In the event that the consumer and user has made an error or detects errors when entering their data, they must contact the provider through one of the email addresses or telephone numbers described in section 3 of this document, stating such circumstances. The consumer and user must, if required by the provider, identify themselves according to the guidelines set by the provider and providing reasonable and proportionate information that may be required in order to guarantee the true identity of the interested party.
4) Once this phase is completed, and by pressing the "Continue" option, the consumer and user will access a new window in which they can complete the necessary information to make the payment according to the method chosen to finalize the purchase.
5) Next, the consumer and user can activate the "Pay" option, understanding that this is the moment in which they expressly accept these "General Contract Conditions", for the purposes of the provisions of section 4 of this same document.
6) Once this procedure has been concluded, the payment will then be executed and the process of sending the product by the provider will begin.
7) Once all these actions have been completed, the contracting or purchasing process will be considered completed, after which a payment confirmation notice will be issued by the provider, indicating that the order has been registered and that it will be processed. . Likewise, the consumer and user will be able to follow the status of the order through the Transport Agencies that are indicated.
8) The consumer and user, if he deems it appropriate and communicates it to the provider, may receive the corresponding invoice in paper format completely free of charge. If the invoice is issued electronically, it will be issued within this purchase or contracting process. In accordance with the provisions of Section Fifteen of the Sole Article of Law 3/2014, of March 27, which modifies the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws, approved by Royal Legislative Decree 1/2007, of November 16 (referring to the modification of article 63.3 of the same), with the acceptance of these "General Contracting Conditions", the consumer and user previously issues the express consent and unequivocal to the sending, where appropriate, of the electronic invoice by the means described, being able to revoke said consent by contacting the supplier by telephone or by email at the number or addresses indicated in section 3 of this document.
9. PAYMENT, DELIVERY AND EXECUTION PROCEDURES.
The means of payment that the consumer and user can use are debit or credit card, bank transfer, cash on delivery with a surcharge of 3 euros, or through the online payment platform "Paypal", under the conditions agreed with it.
The delivery of orders by the provider will be made at the place of delivery freely designated by the consumer and user, or through the agreed electronic means, without any delay, and, unless otherwise agreed between the parties, within a period not exceeding 30 calendar days from the date of conclusion of the contract.
The provider does not assume any responsibility when the delivery of the product or service is not carried out satisfactorily as a result of the data provided by the consumer and user being false, inaccurate or incomplete, or when the delivery cannot be made due to force majeure. or due to the absence of a recipient, or due to refusal to receive the product or service.
Notwithstanding the foregoing, the provider will adopt the measures required of a diligent trader to ensure delivery in due time and form, or in a different one carried out as soon as possible, to the satisfaction of the parties. Adopted such measures, it will not be possible to impute any responsibility. Consequently, it is also not responsible for any incidents or delays that may arise if the shipping process has been properly activated by you, notwithstanding which we recommend the consumer and user to report any incidents or delays detected in order to take all measures. timely corrections that are available to the provider.
For all these reasons, in the event that the product shipped is defective, or there has been an error on the part of the provider in the shipment, the consumer and user must contact the provider through the usual means of sending email or call telephone to any of the addresses or numbers indicated in section 3 of this document.
10. RIGHT OF WITHDRAWAL.
For a better understanding of the meaning of this right, as well as to facilitate its exercise and transparency, the provider makes detailed information available to its consumers and users in the section called "Returns / Right of withdrawal" that can be found in the corresponding tab from this very website.
In accordance with the provisions of section 2 of this document, the prior, express and unequivocal acceptance of these "General Conditions of Contract" implies in turn the prior, express and unequivocal acceptance of the regulation of the right of withdrawal that is contained in the aforementioned section of this website.
11. OTHER INFORMATION
The provider declares that in this contracting process there is no type of electronic document formalizing the contract between the parties.
The provider recalls that, in accordance with the provisions of article 120 of Royal Legislative Decree 1/2007, of November 16, which approves the General Law for the Defense of Consumers and Users and other complementary laws, it is responsible for non-conformities that become apparent within a period of three years from delivery.
The provider informs that it has a claims processing system that the consumer and user may use by contacting the provider through the usual means of sending an email or telephone call to any of the addresses or numbers indicated in section 3 of this document. The consumer and user must, if required by the provider, identify themselves according to the guidelines set by the provider and providing reasonable and proportionate information that may be required in order to guarantee the true identity of the interested party.
The provider also informs that it has a sales and after-sales assistance system that the consumer and user can use by contacting the supplier through the usual means of sending an email or telephone call to any of the addresses or numbers indicated in the section 3 of this document. The consumer and user must, if required by the provider, identify themselves according to the guidelines set by the provider and providing reasonable and proportionate information that may be required in order to guarantee the true identity of the interested party.
12. APPLICABLE JURISDICTION.
In accordance with the provisions of article 90.2 of Royal Legislative Decree 1/2007, of November 16, which approves the General Law for the Defense of Consumers and Users and other complementary laws, without prejudice to the competence of the administrative bodies that correspond in each case, for any questions that arise about the interpretation, application and compliance with these "General Contract Conditions", as well as the claims that may arise from their use, all parties involved declare to submit to the jurisdiction of the Judges and Courts that correspond to the domicile of the consumer and user, according to the rules of distribution of jurisdiction established for each matter subject to litigation.
13. APPLICABLE LEGISLATION.
These "General Conditions of Contract" are governed by Spanish law.