CONDITIONS OF SALE
1 – SCOPE OF APPLICATION
These general conditions of sale apply to any inquiry or order made on the website www.goridemuro.com and derived addresses (hereinafter “the Site”) (based in Muro), for the purchase of goods (hereinafter “Products”).
The USER declares that s/he is of legal age and that s/he has the necessary legal capacity to be able to purchase Products offered on the website www.goridemuro.com.
The confirmation of the order by the buyer implies the unreserved acceptance of these general conditions of sale that prevail over all previous versions or specifications coming from the buyer, including in the exchange of emails. The present conditions can be modified; it is therefore recommendable to read them before making each order.
For the purposes of these general conditions of sale, consumer is understood to mean natural or legal persons who act in a field outside a business or professional activity, and by a company, any natural or legal person acting in the context of their business or professional activity, whether public or private.
2 – ORDERS
2.1 OFFER OF PRODUCTS
The Products are presented in accordance with legal recommendations and in the most accurate manner possible.
There may be differences between the Products delivered and those represented on the Site or catalogue, mainly regarding designs whose homogeneity of manufacture cannot be guaranteed, or those Products that have been subject to adaptations related to technical or technological developments. Such differences, as they do not influence the basic characteristics of the Products and do not affect their quality, cannot justify a cancellation of the order or a rejection of delivery. Since an exact representation of the Products cannot be guaranteed on the Website and / or in the catalogues, due to, in particular, differences in the colouring of the Internet browsing software and / or on screens, www. goridemuro.com, cannot be held responsible for the inaccuracy of the photographs that appear on the Site.
Product orders are subject to availability, for this reason if there are difficulties in terms of supply or lack of stock, www.goridemuro.com expressly reserves the right to give information of other product replacing the same quality and value. In the event that the replacement product offered is rejected, www.goridemuro.com will reimburse the amount that has been paid.
2.2 ACCEPTANCE OF ORDER
The order is binding for the buyer from the moment s/he confirms her/his order. For www.goridemuro.com, it is binding from when the payment is validated and the confirmation of the processing of the order.
3 – PRICE / PAYMENT
3.1 PRICE OF THE PRODUCTS
The prices of the Products are indicated in euros and do not include taxes related to the sale of Products, including VAT. www.goridemuro.com reserves at all times and unilaterally the modification of the price of the products and services offered through its website. To guarantee the customer the price of their products, it will be that which is shown in the advertisement at the moment of formalizing the order.
3.2 DELIVERY COSTS
The delivery of the order will be through a delivery service company, to the address given. During the purchase process the customer will be informed of the shipping costs, which will be calculated automatically by the system depending on the delivery address.
Payment is made exclusively in euros, in full when ordering and by the following means of payment:
Bank transfer: We inform you that the bank provides us with your IP address, this data is only used for the correct verification and management of the purchase transaction made.
Paypal Account: Through SSL secure transmission systems (Paypal) and without our company having access to the customer’s data. Remember to mark “return to the seller” at the end of the transaction so that the order can be processed.
The invoice for the buyer will use the data indicated in her/his client account. The buyer can modify this data each time s/he makes a new order from the website.
The client will communicate to www.goridemuro.com the data necessary for the invoice to be issued.
4 – DELIVERY
4.1 DELIVERY MEANS
The delivery means will be based on the volume and weight of the items:
Delivery by carrier to home address: The delivery of the order will be made by a carrier specializing in boxes or pallets to ensure maximum protection. We will deliver the articles within 3 to 4 days in Spain, and from 3 to 4 weeks in the other countries, from the time of the confirmation of the order, on the date agreed upon with the carriers of www.goridemuro.com (except when contrary indication is given at the time of the order).
The impossibility of delivering the Products by the date agreed upon by the carriers of www.goridemuro.com due to the absence of the buyer or the absence of information needed for specific means of delivery, may result in required payment of additional delivery expenses and / or cancellation of the order by www.goridemuro.com. The risks of the Product are transferred to the buyer at the time of delivery or on the date of the first presentation of the Product by the carriers of www.goridemuro.com on the date of delivery agreed upon with the latter.
Due to circumstances beyond the control of www.goridemuro.com, the delivery of the product cannot be guaranteed within the 3-4 days stated if the agency does not comply with its commitments. www.goridemuro.com is in no case responsible for delays due to the transport agency.
In the case that the availability dates regarding multiple Products of an order are different, www.goridemuro.com will propose to the buyer to split the order. In the case of split delivery, the terms of the delivery costs indicated above in point 3.2., will be applied to each part of the order. If a split delivery is not made, the delivery will depend on the date of availability of all the ordered Products.
4.2 RECEIPT AND CLAIMS
Upon receiving the order, the buyer must proceed with all necessary examinations to detect possible breakdowns, deficiencies, defects or other apparent faults, as well as the nonconformity of the Products delivered in the order.
In particular, the buyer must check the condition of the packages, the number of packages and the Products in terms of quantity, reference, condition and characteristics. In case of making a claim, the buyer must contact the carrier service of www.goridemuro.com
To prevent a claim from being considered inadmissible, the buyer must:
- Indicate in the delivery note the precise reservations deriving from faults or deficiencies, given that the general reservation of “subject to unpacking” are insufficient.
- Confirm your reservations about faults or deficiencies and make your other reservations, by certified mail with acknowledgment of receipt to customer service.
- Confirm your reservations about faults or deficiencies by certified mail with acknowledgment of receipt to the carrier, within 3 days of delivery, bank holidays not included.
The buyer must send a copy of this claim to www.goridemuro.com in the same time period.
Likewise, the buyer must be able to provide any proof required to prove the claims filed and offer www.goridemuro.com, its carriers, or any person delegated by them, the necessary facilities to proceed with verification of the defect and proof. The buyer must refrain from intervening or asking a third party to intervene for this purpose.
Accepted claims will result in the defective or non-conforming Product being changed or a refund being given if the Product is unavailable in the warehouse or from suppliers. The returned Product must be delivered to the carriers of www.goridemuro.com, in perfect condition, in its original packaging and provided with all its accessories. Spontaneous returns will not be accepted without the agreement of www.goridemuro.com
5 – PRODUCT WARRANTY / RESPONSIBILITY
5.1 COVERAGE OF WARRANTY
The Products are guaranteed according to their manufacturer. However, there is a period of one month from delivery to communicate the lack of conformity, and in the case that this period is exceeded, any damages will be assumed by the buyer. During the warranty period, www.goridemuro.com undertakes to either exchange or reimburse the Products recognized as defective for their services, the choice being www.goridemuro.com’s. The exchanged Products are under guarantee for the period remaining. The warranty does not include:
Damage to the Product resulting from normal wear and tear, taking into account its nature, function, composition and price;
- The slight differences found in the Products as defined in article 2.1;
- All defects of the Product that may result from installation, storage, conservation, or defective assembly, a defect in maintenance, incorrect use or non-compliance with the technical or specifications of use (failure to comply with the maintenance recommendations), of modifications or repairs made by the buyer or a third party, of damages caused by external objects, of external events such as accidents, blows, fires, acts of vandalism, damage caused by water, natural or artificial lights (in the case of discoloration), natural catastrophes or adverse weather conditions.
5.2 IMPLEMENTATION OF THE WARRANTY
To implement the guarantee, the buyer will contact the customer service of the manufacturer. The presentation of the original invoice will be required for the guarantee.
5.3 LEGAL GUARANTEES
The Products are guaranteed against any defects of conformity and hidden defects in the conditions provided by the provisions of the General Law for the Defense of Consumers and Users and the Civil Code, for buyers who have the status of consumer. For business buyers, the provisions of these general conditions of sale will apply.
5.4 RESPONSIBILITY OF www.goridemuro.comThe responsibility of www.goridemuro.com for the Products delivered, included within the framework of the applicable contractual or legal guarantees, is limited to the price of defective or non-conforming Products. www.goridemuro.com will not be obliged to compensate for indirect damages or for any other financial damage experienced by the buyer or a third party.
6 – RIGHT OF WITHDRAWAL
The right to halt the purchase is held only by the buyer who has the status of consumer, not one who has the status of entrepreneur.
In accordance with the General Law for the Defense of Consumers and Users, if a contract is entered by a consumer, the purchase can be cancelled within 15 working days from the date of the order being made. Once the withdrawal has been made, www.goridemuro.com will not reimburse the money spent, but the customer will be assigned a discount voucher that can be exchanged for other products.
No amount will be refunded in the event that the product has been customized and used or has suffered any damage, the product must be returned in the same condition it was delivered, including all instructions, documents and packaging of the product.
In the event of loss, destruction or other cause that prevents the return of the order due to causes attributable to the buyer, it shall be liable for the market value that the service would have had at the time of the exercising of the right of withdrawal, unless the said value is higher than the acquisition price, in which case it will correspond to that.
The formalization of the right of withdrawal will be made through a document that www.goridemuro.com will make available once the decision to halt the purchase has been communicated.
To exercise the right to withdraw, the buyer must send a written withdrawal, to firstname.lastname@example.org by registered mail with acknowledgment of receipt to the following address: (consult according to order).
The Product must be returned by the buyer, within a maximum period of 7 working days from the delivery of the order, to the warehouses of (consult according to order).
The buyer has the option of having the Product collected by the carriers of www.goridemuro.com at her/his expense. This option must be exercised by the buyer in the written withdrawal.
The buyer will be reimbursed, as soon as possible and at the latest within 30 days of the date upon which the right of withdrawal was exercised, the integrity of the amount paid as soon as the returned product is received in perfect condition, in its original packaging and provided with all its accessories.
7 – USE OF THE INTERNET SITE
7.1 INTELLECTUAL PROPERTY
- All content displayed on this website and especially, designs, texts, graphics, images, databases, software, sounds, trademarks, logos or any other signs susceptible to industrial and commercial use are subject to intellectual property and industrial rights of www.goridemuro.com, or third parties who have duly authorized its use.
- In no case does access to the Web and / or its use imply any type of waiver, transmission, license or total or partial cession of said rights or confer any right or expectation, and especially, alteration, exploitation, reproduction, distribution, or public communication of said contents without the prior express authorization of www.goridemuro.com, or of the corresponding owners.
- No link to this website can be established from any other website without previous and express consent of www.goridemuro.com
7.2 RESPONSIBILITY OF THE USERS
Browsing the Site www.goridemuro.com is the sole responsibility of the users. www.goridemuro.com will not be held responsible for breakdowns, errors or computer viruses that could damage the continuity of access to the site or for malfunctions in the computer equipment of users that may occur as a result of access to the Site. Consequently, www.goridemuro.com is not obliged to repair the direct or indirect damages that may derive from the use, access to its Site or the download of items stored on the site (images, texts, video files).
www.goridemuro.com reserves the right to withdraw those who falsify data or breach these contracting conditions as registered users of its website.
7.3 PROTECTION OF PERSONAL DATA
In compliance with Organic Law 15/1999 of December 13th, Protection of Personal Data (LOPD), we inform that:
- The personal data collected in this Web Site will be included in a computerized database owned by www.goridemuro.com. This database is registered in the General Registry of Data Protection in accordance with the provisions of current legislation and complying with all the security measures of Royal Decree 1720/2007, of 21 December, on security measures for automated files that contain personal data.
- The data collected by completing forms and / or emails, will be processed and will be incorporated into the files of www.goridemuro.com, in order to give an effective response or provision of the requested services, facilitate the processing of orders and sending advertising of the promotions offered by www.goridemuro.com, through its Web Site. In this sense, the user expressly consents to the processing of their personal data, for the purposes indicated in this document.
- The data collected from the user will not be transferred to any company, although they may be communicated to third parties when the communication responds to a need for the development, compliance and control of the purposes established for the collection or reception thereof, in accordance with what is established in the present terms.
- In addition, the user has at all times the right to information, access, rectification, cancellation and opposition, which may be exercised by email to the address email@example.com. To exercise these rights, and in compliance with Instruction 1/1998, of January 19th, of the Data Protection Agency, identity must be proven to www.goridemuro.com, by sending a photocopy of the Document National Identity or any other means legally valid.
- The User is responsible for the truth and accuracy of the data included, exonerating www.goridemuro.com of any responsibility in this regard.
8 – FORCE MAJEURE
No Party may be held responsible for the total or partial breach of its obligations if said breach is due to the event or the occurrence of an element considered as force majeure such as, for example, and without this list being limited to, floods, fires, storms, lack of raw materials, transport strikes, partial or total strikes, or closures. The Party that has been affected by such events must inform the other party as soon as possible and at the latest within five (5) business days after the event.
The parties agree that they must arrange as soon as possible to determine together the modalities of execution of the order during the period of validity in the case of force majeure.
If the period of force majeure exceeds one (1) month, www.goridemuro.com may choose not to make the order effective, and must reimburse the buyer, if necessary, the amount paid by the latter for the order in question.
9 – MISCELLANEOUS
By express agreement between www.goridemuro.com and the buyer, the e-mails will be taken as good faith between the parties, in the same way as the automatic registration systems used in the Site, in particular with regard to the nature and date of the order.
The buyer can access, in accordance with the rules of common law, the electronic contract made with www.goridemuro.com. To do this, contact the customer service by email, providing all the necessary information, in particular, the order number and their details.
9.2 PARTIAL INVALIDITY:If one or more stipulations of these general conditions of sale are considered as invalid or are declared as such by virtue of law, a regulation, or following a final decision of a competent jurisdiction, the other stipulations shall remain in full force and effect in the field of application.
9.3 ABSENCE OF WAIVER:
The fact that one of the parties has not demanded the application of any clause of these general conditions of sale, either permanently or temporarily, cannot under any circumstances be considered as a waiver of the rights of said Party, which come from said clause.
In case of difficulty of interpretation between any of the titles of the articles and the text of the articles, and any of the clauses, the titles are considered non-existent.
9.5 MODIFICATION OF GENERAL SALES CONDITIONS:
www.goridemuro.com reserves the right to modify these general conditions of sale. Any new version of the latter will be indicated on the site.
The online version on the Site at the time of placing the order by the buyer will prevail over any other version of these general conditions of previous sale.
9.6 INTEGRITY OF THE CONTRACT:
These general conditions of sale and the summary of the order transmitted to the buyer form a contractual agreement and establish the integrity of the contractual relations established between the parties.
10 – APPLICABLE LAW / JURISDICTIONThe relationship between the buyer and www.goridemuro.com, in terms of the orders placed on the Site, will be governed by Spanish law and the litigious discussion of any order will be submitted to Spanish jurisdiction.