Terms and conditions
GENERAL CLAUSES OF CONTRACTING
This contractual document will govern the contracting of products and services through the website http://www.es.cornilleau.com/en/ property of D.M.V Sports Madison S.L, hereinafter PROVIDER.
Acceptance of this document means that the USER:
You've read, you understand and you're agree with this text.
Is a person with sufficient capacity to hire.
Assumes all obligations here.
These conditions will have an indefinite period of validity and will be applicable to all contracts made through the PROVIDER's website.
The PROVIDER informs that the trade is responsible and knows the current legislation of the countries to which it sends the products and reserves the right to unilaterally modify the conditions, without this being able to affect the goods or promotions that were acquired prior to the modification .
Identity of the contracting parties
By one hand, the supplier of goods or services contracted by the USER is DMV Sports Madison SL, with its registered office in Llull, 48-52 - 6 3 Barcelona 08005 (BARCELONA), NIF B61567905 and customer service telephone number / USER 933095430 .
And on the other, the USER, registered on the website through a username and password, on which he 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 between the BUYER and the USER when the latter accepts the corresponding box during the online contracting process.
The contractual relationship of sale involves the delivery, in exchange for a specific price and publicly exposed through the website, of a specific product or service.
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 communicate to the PROVIDER the loss or theft thereof or possible access by an unauthorized third party , so that it proceeds to immediate blocking.
Once the user account has been created, it is reported that, in accordance with what is required by article 27 of Law 34/2002 on Information Society and Electronic Commerce Services (LSSICE), the hiring procedure will continue the following steps:
1. General contractual clauses.
2. Sending orders.
3. Right of withdrawal.
5. Force majeure.
7. Overview of the offer.
8. Price and term of validity of the offer.
9. Transport costs.
10. Method of payment, expenses and discounts.
11. Purchase process.
12. Applicable guarantees.
13. Guarantees and returns.
14. Applicable law and jurisdiction.
ARTICLE 1 - GENERAL CLAUSES OF CONTRACTING
Unless otherwise stipulated in writing, the execution of an order to the PROVIDER will suppose the acceptance by the USER of these legal conditions. No stipulation made by the USER may differ from those of the PROVIDER unless expressly accepted in advance and in writing by PROVIDER
ARTICLE 2 - DELIVERY OF ORDERS
The CONTRACTOR will not send any orders until you have verified that the payment has been made.
Shipments of goods will usually be made by EXPRESS MESSAGING (POSTAL EXPRESS, SEUR, UPS, ASM, STD, etc.), according to the destination freely designated by the USER.
The dates or deadlines of delivery will be understood approximate, not constituting the delay essential breach. In the event that the CONTRACTOR has not delivered the goods within 30 days from the agreed date of delivery, the customer will be entitled to cancel the order and receive a refund of the total amount paid at no cost and without derive any liability for damages attributable to the CONTRACTOR.
The delivery time is usually between 2 and 7 working days, depending on the population of destination and the form of payment chosen. This term is understood whenever the availability of the merchandise has been confirmed and the complete payment of the order verified.
The PROVIDER will not assume any responsibility when the delivery of the product or service does not take place, because the information provided by the USER is false, inaccurate or incomplete.
The delivery will be considered done at the moment the carrier has made the products available to the USER and the latter, or the delegate thereof, has signed the document of receipt of the delivery.
It is up to the USER to verify the products at the reception and to present all the qualifications and claims that may be justified in the document of reception of the delivery.
In the event that the contracting does not entail the physical delivery of any product, these being directly downloaded from the website, the CONTRACTOR will inform the USER in advance with respect to the procedure that must follow to carry out this download
ARTICLE 3 - RIGHT OF WITHDRAWAL
The USER has the same rights and deadlines to proceed to make the return and / or claim any defects or defects that the product or service presents, both in online and offline
The USER has a period of fourteen calendar days, counted from the date of receipt of the product, for the return of the same (article 71 of Law 3/2014 of March 27). Unless the return is made for 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.
The right of withdrawal may not be applied in the following cases:
1. If the product is not presented in perfect condition.
2. If the packaging of the product is not the original or these are not in perfect condition. The original packaging must protect the product in a way that is received in perfect conditions, being prohibited the use of seals and adhesive tapes applied directly on the same.
3. When the product is open without being able to prove that it has not been used.
4. In software applications that are directly downloaded through the portal.
5. When they are personalized products or those, that for reasons of hygiene or other legally foreseen exceptions, are not susceptible of this right.
All returns must be communicated to the CONTRACTOR, by email to firstname.lastname@example.org, indicating the invoice or order number.
Once confirmed, the USER will send the product to the CONTRACTOR, with the transportation expenses at the address of DMV Sports Madison SL, Llull, 48-52 - 6 3 Barcelona 08005 (BARCELONA).
ARTICLE 4 - CLAIMS
Any claim that the USER considers opportune will be attended as soon as possible, being able to realize in the following directions of contact:
Postal: D.M.V Sports Madison S.L, Llull, 48-52 - 6 3 Barcelona 08005 (BARCELONA)
Online Dispute Resolution
In accordance with Article 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for online dispute resolution between the USER and the PROVIDER, without recourse to the courts, through the intervention of a third party, called the Dispute Resolution Body, acting as an intermediary between the two. This body is neutral and will dialogue with both parties to reach an agreement, being able to finally suggest and / or impose a solution to the conflict.
Link to the ODR: http://ec.europa.eu/consumers/odr/
ARTICLE 5 - FORCE MAJEURE
The parties will not incur any responsibility for any fault due to a major cause. The fulfillment of the obligation will be delayed until the cessation of the case of force majeure.
ARTICLE 6 - COMPETENCE
The USER may not assign, transfer or transmit the rights, responsibilities and obligations contracted in the sale.
If any stipulation of these conditions is considered null or impossible, the validity, legality and compliance of the rest will not be affected in any way, nor will they undergo modification in any way.
The USER declares to have read, know and accept these General Conditions in their entirety.
ARTICLE 7 - OVERVIEW OF THE OFFER
Toutes les ventes et livraisons effectuées par le FOURNISSEUR doivent être considérées comme étant soumises aux présentes Conditions Générales.
D.M.V Sports Madison S.L n'aura aucune modification, altération ou accord contraire à la proposition commerciale de D.M.V Sports Madison S.L, sauf convention expresse contraire écrite par le CONTRACTANT, dans ce cas, ces accords particuliers prévaudront.
Compte tenu des progrès techniques continus et des améliorations des produits, le CONTRACTANT se réserve le droit de modifier ses spécifications en ce qui concerne les informations fournies dans sa publicité, jusqu'à ce que cela n'affecte pas la valeur des produits offerts. Ces modifications seront également valables si, pour une raison quelconque, la possibilité de fournir les produits offerts est affectée.
ARTICLE 8 - PRICE AND VALIDITY OF THE OFFER
The prices indicated for each product include Value Added Tax (VAT) or other taxes that may be applicable. These prices, unless expressly stated otherwise, do not include shipping, handling, packaging, shipping insurance or any other additional services and attachments to the product or service purchased.
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 you make the purchase you can check all the budget details online: articles, quantities, price, availability, transport costs, charges, discounts, taxes and the total 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 CONTRACTOR involves the issuance of an invoice in the name of the registered USER or of the company name that the latter has informed at the time of placing the order. This invoice will be sent together with the product purchased, as well as in PDF to the email address provided by the USER.
For any information about the order, the USER can contact through the telephone of customer care of the PRESTADOR 933095430 or via email to the email@example.com address.
ARTICLE 9 - TRANSPORTATION EXPENSES
Prices do not include shipping or communication costs, installation or additional services, unless otherwise expressly agreed in writing.
Postage will be calculated at the time of saving the basket or budget, as they are calculated by the weight of the products and by the delivery address.
The maximum transport rate applied is the following:
Península: < 2 Kg: 7,99 €
Península: 2 Kg - 10 Kg: 11,62 €
Península: 10 Kg - 20 Kg: 16,36 €
Balearic Islands and Canary Islands: consult
Rest of the world: consult
ARTICLE 10 - PAYMENT METHODS, CHARGES AND DISCOUNTS
The CONTRACTOR allows the following ways to make the payment of an order:
Cyberpack from CaixaBank is a platform that allows electronic transactions with a secure payment. The card information is not recorded in any database, it goes directly to the Point of Sale (POS). Verification of your financial information is transmitted in an environment of secure data encryption (Secure Socket Layer - SSL).
This system has no additional charge.
2.- Bank Transfer:
Make a deposit or transfer to any of these financial institutions:
CAIXABANK (LA CAIXA)
Account No.: 2100-1353-97-0200042949
IBAN: ES22 2100 1353 9702 0004 2949
SWIFT: CAIX ES BB XXX
Owner’s Account: D.M.V. Sports Madison, S.L.
BANCO SABADELL ATLÁNTICO
Account No.: 0081-0456-31-0001106813
IBAN: ES77 0081 0456 3100 0110 6813
SWIFT: BSAB ES BB XXX
Owner’s Account: D.M.V. Sports Madison, S.L.
Once payment is made, you can send a copy of it by e- mail to firstname.lastname@example.org to arrange a faster delivery.
This system has no additional charge.
ARTICLE 11 - PROCESS OF PURCHASE
Basket (budget simulation)
Any product from our catalog can be added to the basket. In this, only the articles, the quantity, the price and the total amount will be observed. Once saved the basket will proceed to calculate the taxes, charges and discounts according to the payment and shipping data entered.
The baskets have no administrative link, it is only a section where you can simulate a budget without any commitment on both sides.
From the basket you can place an order following the following steps to formalize correctly:
1. - Checking the billing data.
2. - Checking the shipping address.
3. - Selection of the form of payment.
4. - Place the order (buy).
Once the order is processed, the system instantly sends an email to the MANAGER's management department.
Orders (purchase orders)
In a maximum of 24 hours, on working days, an email will be sent confirming the order status and the date of shipment.
ARTICLE 12 - APPLICABLE WARRANTIES
All products offered through the website are completely original, unless otherwise stated in its description. All have a two-year warranty period, in accordance with the criteria and conditions described in Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and users and other complementary laws.
ARTICLE 13 - GUARANTEES AND RETURNS
The guarantee of the offered products will respond to the following articles based on the Law 23/2003 of 10 July of Guarantees of sale of consumer goods:
I) Conformity of the products with the contract
1. Unless otherwise proven, the products shall be deemed to conform to the contract provided they meet all the requirements set out below, unless in the circumstances of the case one of them is not applicable:
a) They conform to the description made by D.M.V Sports Madison S.L.
b) They are suitable for the uses ordinarily intended for products of the same type.
c) They are suitable for any special use required by the customer when it has informed D.M.V Sports Madison S.L at the time of the conclusion of the contract, provided that it has admitted that the product is fit for this use.
d) present the usual quality and performance of a product of the same type as the customer can reasonably expect, given the nature of the product and, where appropriate, descriptions of the specific characteristics of the products made by D.M.V Sports Madison S.L.
e) D.M.V Sports Madison S.L describes the details, technical characteristics and photographs of the products provided by the manufacturer of them, so that it is not bound by these public statements.
2. The lack of conformity that results from incorrect installation of the product will be equated with the lack of conformity of the same when the installation is included in the contract of sale and was made by DMV Sports Madison SL or under his responsibility, or by the USER when the defective installation is due to an error in the installation instructions.
3. Liability will not be incurred for breaches of conformity that the USER knows or could not ignore at the time of conclusion of the contract or that have their origin in materials supplied by the USER.
II) Responsibility of the PROVIDER
D.M.V Sports Madison S.L will respond to the USER of any lack of conformity that exists at the time of delivery of the product. D.M.V Sports Madison S.L recognizes to the USER the right to the repair of the product, its replacement, the reduction of the price and the termination of the contract.
III) Repair and replacement of products
1. If the product does not conform to the contract, the USER may choose between requiring repair or replacement, unless one of these options is impossible or disproportionate. From the moment the USER notifies D.M.V Sports Madison S.L of the chosen option, both parties must comply. This decision of the USER is understood without prejudice to the provisions of Article IV below for cases in which the repair or replacement fails to put the product into conformity with the contract.
2. Any form of reorganization which imposes on DMV Sports Madison SL costs which are unreasonable in comparison with the other form of reorganization shall be considered disproportionate, taking into account the value of the product if there is no lack of conformity, the relevance of the lack of conformity and if the alternative sanitation could be done without major inconveniences for the USER.
IV) Rules of repair or replacement of the product
The repair and replacement will follow the following rules:
a) They will be free for the USER
This gratuity will include the expenses necessary to correct the lack of conformity of the products with the contract, especially the shipping costs, as well as the costs related to labor and materials.
b) They will be carried out within a reasonable time and without major inconveniences for the user, taking into account the nature of the products and the purpose that they had for the USER.
c) The repair suspends the computation of the periods referred to in Article VII. The period of suspension will begin as soon as the USER places the product at the disposal of D.M.V Sports Madison S.L and will conclude with the delivery to the USER of the product already repaired. During the six months after the delivery of the repaired product, D.M.V Sports Madison S.L will respond for the lack of conformity that motivated the repair. It is presumed that it is the same lack of conformity when reproducing in the product defects of the same origin as those initially manifested.
d) The replacement suspends the deadlines referred to in article VII from the exercise of the option until the delivery of the new product. The substitute product shall be subject, in any case, to the second paragraph of Article VII.
e) If the repair is completed and the product is delivered, it still does not comply with the contract, the USER may demand the replacement of the product, within the limits established in paragraph 2 of article IV, or the reduction of the price or resolution of the contract in terms of Article V.
f) If the substitution fails to put the product into conformity with the contract, the USER may demand the repair of the same, within the limits established in paragraph 2 of article IV, or the reduction of the price or the termination of the contract in the terms of Articles V and VI.
g) The USER cannot demand substitution in the case of non-expendable products, nor in the case of second-hand products.
V) Reduction of price and termination of contract
The reduction of the price and the termination of the contract will proceed, at the user's choice, when the latter can not demand repair or replacement of the product and in cases where they have not been carried out within a reasonable time or without major inconveniences for the USER. The resolution will not proceed when the lack of conformity is of little importance.
VI) Criteria for price reduction
The reduction of the price shall be proportional to the difference between the value that the product would have had at the time of delivery and having been in conformity with the contract and the value that the product actually delivered had at the time of delivery.
1. D.M.V Sports Madison S.L is responsible for any lack of conformity that appears within two years of delivery. In the second-hand products, D.M.V Sports Madison S.L and the USER will be able to agree a shorter term, that can not be less than one year from the delivery.
Unless there is evidence to the contrary, it shall be presumed that non-conformities occurring within six months after delivery already existed when the product was delivered, except where this presumption is inconsistent with the nature of the product or the nature of the nonconformity .
2. Unless otherwise proven, delivery shall be deemed to have been made on the day indicated on the invoice or purchase label, or on the corresponding delivery note, whichever is later.
3. The action to claim compliance with the provisions of the previous articles prescribes three years from the delivery of the product.
4. The USER shall inform D.M.V Sports Madison S.L of the lack of conformity within two months of becoming aware of it.
Unless you prove otherwise, it will be understood that the USER's communication has taken place within the established period.
I) Action against the producer
When the USER finds it impossible or imposes an excessive load to D.M.V Sports Madison S.L for lack of conformity of the products with the contract of sale and purchase can directly claim to the producer in order to obtain the replacement or repair of the product.
As a general rule, and without prejudice to the fact that the responsibility of the producer ceases, at the same time and in the same conditions as those established for DMV Sports Madison SL, the producer shall be liable for lack of conformity when it refers to the origin, identity or suitability of the products, according to their nature and purpose and with the rules that regulate them.
Producer means the manufacturer of a product or its importer in the territory of the European Union or any person who presents himself as such by indicating in the product his name, trade mark or other distinctive sign.
Whoever has responded to the USER will have a period of one year to repeat that he or she is responsible for the lack of conformity. This period is calculated from the time the sanitation was completed
ARTICLE 14 - APPLICABLE LAW AND JURISDICTION
These conditions will be governed or interpreted according to the Spanish legislation in what is not expressly established. The CONTRACTOR and the USER agree to submit any controversy that may arise from the provision of the products or services subject to these Conditions of the courts and courts of the USER's address.
In the event that the USER is domiciled outside Spain, the PROVIDER and the USER expressly waive any other forum, submitting to the Courts and Tribunals closest to the population of Barcelona (Spain).