GENERAL TERMS AND CONDITIONS OF CONTRACT
Introduction
This contractual document will govern the General Terms and Conditions for contracting products (hereinafter, "Conditions") through the www.parafernaliashop.es website, owned by RODRIGUEZ RONDEROS SL under the trademark of PARAFERNALIA, hereinafter, PROVIDER, whose contact details also appear in the Legal Notice of this Website.
These Conditions will remain published on the website at the disposal of the USER to reproduce and save them as confirmation of the contract, and may be modified at any time by RODRIGUEZ RONDEROS SL. It is the responsibility of the USER to read them periodically, since those that are in force at the time of placing orders will be applicable. RODRIGUEZ RONDEROS SL will file the electronic document where the purchase is formalized and will have it available to the USER in case they request it.
Contracts shall not be subject to any formality, except in the cases expressly indicated in the Civil and Commercial Codes, and in this or other special laws.
Acceptance of this document implies that the USER:
- You have read, understand and understand what is stated here.
- It is a person with sufficient capacity to contract.
- Assume all obligations herein.
These conditions will be valid for an indefinite period and will be applicable to all contracts made through the PROVIDER's website.
The PROVIDER informs that the merchant is responsible for and is aware of 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 acquired prior to the modification.
Identity of the contracting parties
On the one hand, the PROVIDER of the products contracted by the USER is RODRIGUEZ RONDEROS SL, with registered office at CALLE ARTILLERIA, 26 BAJO 33201 GIJÓN (Asturias), NIF B52543113 and with customer service telephone number 984192407.
And on the other hand, the USER, registered on the website by means of a username and password, for which he/she has full responsibility for use and custody, and is responsible for the veracity of the personal data provided to the PROVIDER.
Object of the contract
Contracts shall not be subject to any formality, except in the cases expressly indicated in the Civil and Commercial Codes, and in this or other special laws.
Acceptance of this document implies that the USER:
- You have read, understand and understand what is stated here.
- It is a person with sufficient capacity to contract.
- Assume all obligations herein.
These conditions will be valid for an indefinite period and will be applicable to all contracts made through the PROVIDER's website.
The PROVIDER informs that the merchant is responsible for and is aware of 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 acquired prior to the modification.
Identity of the contracting parties
On the one hand, the PROVIDER of the products contracted by the USER is RODRIGUEZ RONDEROS SL, with registered office at CALLE ARTILLERIA, 26 BAJO 33201 GIJÓN (Asturias), NIF B52543113 and with customer service telephone number 984192407.
And on the other hand, the USER, registered on the website by means of a username and password, for which he/she has full responsibility for use and custody, and is 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 relationship of sale born between the PROVIDER and the USER at the time when the latter accepts the corresponding box during the online contracting process.
The contractual relationship of sale entails the delivery, in exchange for a certain price and publicly displayed through the website, of a specific product.
Rectification of data
When the USER identifies errors in the data published on the website or in the documents generated by the contractual relationship, they may notify the info@parafernaliashop.es email so that RODRIGUEZ RONDEROS SL can correct them as soon as possible.
The USER may keep his/her data updated by accessing his/her user account.
Procurement procedure
In order to access the products or services offered by the PROVIDER, the USER must be of legal age or an emancipated minor 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 27 April 2016 (GDPR), on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and Organic Law 3/2018. of 5 December (LOPDGDD), relating to the protection of personal data and detailed in the Legal Notice and Privacy Policy of this website.
The USER will select a username and password, undertaking 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 unauthorised third party, so that the latter can proceed to the immediate blocking.
Once the user account has been created, it is reported 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. Shipping and delivery of orders.
3. Right of withdrawal.
4. Online complaints and dispute resolution.
5. Force majeure.
6. Jurisdiction.
7. General of the offer.
8. Price and validity period of the offer.
9. Transportation costs.
10. Payment method, expenses and discounts.
11. Purchase process.
12. Dissociation and suspension or termination of the contract.
13. Warranties and Returns.
14. Governing Law and Jurisdiction.
1. GENERAL CONTRACTING CLAUSES
Unless otherwise 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 AND DELIVERY OF ORDERS
The PROVIDER will not send any order until it has verified that the payment has been made.
Shipments of goods will usually be made by NACEX (PENINSULA) AND CORREOS (CANARY ISLANDS, BALEARIC ISLANDS AND EUROPE), according to the destination freely designated by the USER.
Shipment will be made once the availability of the goods has been confirmed and the payment of the order has been verified.
The delivery time will be between 24/48 hours on working days, depending on the destination town and the payment method chosen. And from 7 to 10 working days for the Balearic Islands, Canary Islands and Europe. The expected date of shipment and delivery will be provided prior to the order confirmation.
- Orders to the Peninsula: SHIPPING COSTS: 8€ and FREE for purchases over 120€.
- Delivery 24/48 hours working days.
* Delivery times may vary depending on the day and time of the order.
*During periods of discounts and high demand, shipping times may experience slight delays due to the exceptional increase in orders.
Parafernalia reserves the right to fulfill an order if the published price is considered objectively erroneous, which may be due to internal causes of publication, typographical errors, technological incidents or similar causes not foreseen by the store, in which case Parafernalia will contact the customer to inform them of said error and convey the corresponding apologies.
Failure to perform the contract remotely
In the event of not being able to execute the contract because the product or service contracted is not available within the established period, the USER will be informed of the lack of availability and that he/she will be entitled to cancel the order and receive a refund of the total amount paid at no cost, and without any liability for damages attributable to the PROVIDER.
In the event of unjustified delay on the part of the PROVIDER with respect to the refund of the total amount, the USER may claim to be paid twice the amount owed, without prejudice to their right to be compensated for damages suffered in excess of said amount.
The PROVIDER will not assume any responsibility when the delivery of the product or service is not carried out, because the data provided by the USER is false, inaccurate or incomplete.
Delivery will be deemed to have been made at the time when the carrier has made the products available to the USER and the USER, or the latter's delegate, has signed the delivery receipt document.
The PROVIDER will be liable to the USER for any lack of conformity that exists at the time of delivery of the order, and the USER, by means of a simple declaration, may demand the correction of said lack of conformity, the reduction of the price or the termination of the contract. In any of these cases, the USER may also demand compensation for damages, if applicable.
The USER shall have the right to suspend the payment of any outstanding part of the price of the purchased product until the PROVIDER complies with the obligations established in this contract.
It is the responsibility of the USER to verify the products upon receipt and to set out all the exceptions and claims that may be justified in the delivery receipt document.
In the event that the contract does not involve the physical delivery of any product, but rather an activation of the download on a website, the PROVIDER will inform the USER in advance of the procedure to be followed to carry out this download.
3. RIGHT OF WITHDRAWAL
Withdrawal form: https://www.parafernaliashop.es/formulario-solicitud-desistimiento.pdf
The USER has a period of fourteen calendar days, counted from the date of receipt of the product or from the execution of the purchase contract if it is a provision of a service, to exercise the right of withdrawal, regulated in article 102 of Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, hereinafter RDL 1/2007. If the PROVIDER does not comply with the duty to provide information and documentation on the right of withdrawal, the period for exercising it will end twelve months after the date of expiry of the initial withdrawal period, in accordance with Article 105 of RDL 1/2007.
The right of withdrawal will not be applicable to the contracts referred to and listed in article 103 of RDL 1/2007, and which are listed here
Any return must be communicated to the PROVIDER, requesting a return number through the form provided for this purpose, or by email to info@parafernaliashop.es, indicating the corresponding invoice or order number and the reason for returning the item within 14 days from the date the order was received.
In the event that the return is not made with the original delivery packaging, the PROVIDER may charge the cost of ..25...€ to the USER by informing them in advance through the same communication channel used.
Once the USER has received the return number, we will send a NACEX courier to collect the order they want to return. Then prepare the package to be picked up in its original packaging, and make sure that the tags have not been torn off and the item has not been used. The return must meet these conditions to be accepted. When the carrier delivers the package to our offices and we check that everything is correct, we will refund the amount deducting the return shipping (8€) in shipments in the Peninsula. The shipping costs of returns in the rest of the countries of the European Union will be assumed by the customer.
The deadline for the refund of the amount will be 30 working days.
Transport costs will only be refunded in the event that parafernaliashop.es is responsible for the cause of return of the product.
The refund will be made through the means of payment used in the purchase.
If you do not meet the conditions required for the return of the order, we will contact you to offer you the option of returning the items that have not been accepted. All costs incurred by this return, including the transportation of these items, will be borne by you. If you do not accept this option, parafernaliashop.es can keep the items and the amount of the items.
In case the return exceeds the established measures, an extra amount will be charged, to know this amount contact us through info@parafernaliashop.es
Size Changes
Steps to follow to change the size of the item received:
- Please request a size change via email to info@parafernaliashop.es within 14 days from the date you received your order*. Please let us know in this email the order number.
- Transport costs will be paid by the customer (12€). Then prepare the package to be picked up in its original packaging, and make sure that the tags have not been torn off and the item has not been used. The change must meet these conditions to be accepted.
- To facilitate the process for the customer, we take care of sending the carrier to pick up the package, after payment by the customer by bank transfer.
- Once the item has been received at our offices and inspected, we will send you an e-mail informing you of the acceptance of the exchange.
4. ONLINE COMPLAINTS AND DISPUTE RESOLUTION
Any complaint that the USER deems appropriate will be dealt with as soon as possible, and can be made at the following contact addresses:
Postal: RODRIGUEZ RONDEROS SL, CALLE ARTILLERIA, 26 BAJO 33201 GIJÓN (Asturias)
Phone: 984192407 hours: 9:00 a.m. to 3:00 p.m. Monday to Friday
E-mail: info@parafernaliashop.es
5. FORCE MAJEURE
The parties shall not incur liability for any fault due to a cause majeure. Compliance with the obligation shall be delayed until the cessation of the case of force majeure.
6. JURISDICTION
The USER may not assign, transfer or transfer the rights, responsibilities and obligations contracted in the sale.
If any provision of these terms and conditions is deemed void or unenforceable, the validity, legality and performance of the rest shall not be affected in any way, nor shall they be modified in any way.
The USER declares to have read, know and accept these Conditions in their entirety.
7. GENERAL FEATURES OF THE OFFER
All sales and deliveries made by the PROVIDER shall be deemed to be subject to these Conditions.
No modification, alteration or agreement contrary to the Commercial Proposal of RODRIGUEZ RONDEROS SL or to what is stipulated herein, will have effect, unless expressly agreed in writing signed by the PROVIDER, in this case, these particular agreements will prevail.
8. PRICE AND VALIDITY PERIOD OF THE OFFER
The prices indicated for each product or service include Value Added Tax (VAT) or other taxes that may be applicable. These prices, unless expressly stated otherwise, do not include shipping or communication costs, handling or any other additional services and annexes to the product purchased. Due to the differences in the Canary Islands tax regime, orders placed from this community are exempt from VAT, although customs and import taxes are not included in the price and will be paid at destination upon receipt of the goods.
The prices applicable to each product are those published on the website and will be expressed in the EURO currency. The USER assumes that the economic valuation of some of the products may vary in real time.
Before making the purchase, you will be able to check online all the details of the quote: items, quantities, price, availability, transport costs, charges, discounts, taxes and the total of the purchase. Prices may change daily as long as the order is not placed.
Once the order is placed, prices will be maintained whether or not products are available.
Any payment made to the PROVIDER entails the issuance of an invoice in the name of the registered USER or the company name that he/she has informed at the time of placing the order. This invoice will be sent in paper format along with the purchased product. The invoice can be downloaded in PDF format by accessing the management panel on the website with the user account. If you wish to receive it by email, you must request it by any of the means that the PROVIDER makes available to you, informing you that you may revoke this decision at any time.
For any information about the order, the USER may contact through the customer service telephone number of the PROVIDER 984192407 or via email to the address info@parafernaliashop.es.
9. TRANSPORTATION COSTS
The prices published in the store do not include shipping or communication costs, nor installation or downloading, or complementary services, unless expressly agreed in writing otherwise.
Orders to the Peninsula: SHIPPING COSTS: 8€ and FREE for purchases over 120€.*
* In case of orders to which coupons or discounts apply, shipping costs will be determined based on the order total AFTER all available discounts have been applied.
For shipments to the BALEARIC ISLANDS, a SHIPPING COST of 14€ will be added
Due to the differences in the Canary Islands tax regime, orders placed from this community are exempt from VAT, although customs and import taxes are not included in the price and will be paid at destination upon receipt of the goods.
To facilitate the purchase for residents of the Canary Islands and Europe, it is essential to send an email including the products you wish to purchase to the following address: info@parafernaliashop.es. We will provide you with the exact prices of the products you wish to purchase, shipping rates and delivery times.
10. PAYMENT METHODS, CHARGES AND DISCOUNTS
The PROVIDER is responsible for the economic transactions and enables the following ways to make the payment of an order:
- Credit card
- PayPal
- Bizum
- Placate me
The USER may use a discount coupon at the time prior to the completion of the purchase if it has been received from the PROVIDER.
Security measures
The website uses generally accepted information security techniques in the industry, such as SSL, data entered into a secure page, firewalls, access control procedures and cryptographic mechanisms, all in order to prevent unauthorized access to data. To achieve these purposes, the user/client accepts that the provider obtains data for the purpose of the corresponding authentication of the access controls.
The PROVIDER undertakes not to allow any transaction that is considered illegal by the credit card brands or the acquiring bank and that may or has the potential to damage the goodwill of the same or negatively influence them.
The sale or offer of a product or service that does not comply with all applicable laws to the Buyer, Issuing Bank, Merchant or Cardholder is prohibited under the card brands' programs.
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 has been saved, the taxes, charges and discounts will be calculated according to the payment and shipping data entered.
The baskets do not have any administrative link, it is only a section where a budget can be simulated without any commitment from both parties.
From the basket you can place an order by following the following steps for its correct formalization:
1. - Checking billing data.
2. - Checking the shipping address.
3. - Selection of the payment method.
4. - Place the order (buy).
Once the order has been processed, the system instantly sends an email to the PROVIDER's management department and another to the USER's email confirming the order has been placed.
Orders (purchase requisitions)
Prior to order confirmation, information will be provided on the status of the order and the approximate shipping and/or delivery date.
12. DISSOCIATION 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.
The PROVIDER may, without prior notice, suspend or terminate the USER's access to its services, in whole or in part, when the USER fails to comply with the obligations established in this contract or any legal provision, license, regulation, directive, code of practice or policies that are applicable to it.
When the PROVIDER 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 The PROVIDER.
13. WARRANTIES AND RETURNS
The guarantees will respond to the provisions of the Title referring to "Guarantees and after-sales services" of Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, which can be accessed by clicking here
14. CHRISTMAS EXCHANGES AND RETURNS
Purchases from November 24 The deadline for exchanges and returns is extended until January 13.
15. GOVERNING LAW AND JURISDICTION
These conditions will be governed or interpreted in accordance with Spanish law in what is not expressly established. Any dispute that may arise from the provision of the products or services subject to these Conditions will be submitted to the courts and tribunals of the USER's domicile, the place of compliance with the obligation or the place where the property is located if it is immovable.