1. How the contract is formed?
The contract is concluded between the client and Alberto Sánchez Calderón (PiesComodos) at the time that the first confirms your purchase.
Alberto Sánchez Calderón
Carrer of Lavender, 12
03690 San Vicente del Raspeig (Alicante)
N. I. F. 01.822.783 X
Phone: 965 67 50 09
Mobile: 607 30 27 28
2. Availability of the products.
All orders for products are subject to the availability of the same and, in this sense, if there are difficulties in supply, the customer will be informed as soon as possible. You will be offered alternative products to a value equal to or higher than the client may order. If the customer does not wish to order such substitute products we will reimburse any amount that may be paid.
3. Refusal to process an order.
We reserve the right to withdraw any Product from this web site at any time and/ or remove or edit any materials or content contained therein. Although we do our possible to always process all the orders.
We will not be liable to the customer or to any third party for removing any product from this website, removing or editing any materials or content on the website.
Unless extraordinary circumstances arise, we will attempt to send the request/ the product/s related in the Dispatch Confirmation, within 7 working days counting from the day after the date of the dispatch Confirmation.
The delay may be due to the following reasons:
If for any reason we cannot meet the delivery date, we will inform of this circumstance and will give you the option to go ahead with the purchase setting a new delivery date or cancel the order with a full refund of the price paid. We do not make deliveries on Saturdays, Sundays or holidays.
5. The impossibility of delivery.
If it is impossible, after two attempts, make the delivery to our provider of transportation services and not able to locate the client, the package would be returned to the sender. There is the possibility once the problem is solved the reason of non-delivery mentioned above, you send back the package with a charge of 6 Euro, or to cancel the order with a full refund of the price paid less the postage 6 Euro (cost of trip) to take us the costs for the return).
6. Passing of risk and property.
The risks of the Products shall be borne by the customer from the moment of their delivery.
The customer will acquire ownership of the products when we receive full payment of all amounts due in connection with the same, or at the time of delivery (as defined in clause 4), if it were to take place at a later time.
7. Price and payment.
The price of the products shall be that stipulated on our website. Despite the fact that we try to ensure that all prices listed on the website are accurate, errors may occur. If we discover an error in the price of the products that a customer has ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it.
The prices on the website include VAT. The shipping costs will be specified depending on the destination, which will be added to the total amount. Possible price changes will not affect orders in respect of which we have already served or sent you a Dispatch Confirmation.
Once you have made the customer their purchase, all the items you wish to purchase are added to your shopping basket and the next step will be to process the order and make the payment.
To make the purchasing process follows these steps:
DATA TO CONFIRM:
You may pay with Visa, Mastercard and Maestro. To minimize the risk of unauthorized access, encoded data of the credit card. Once we receive your order, we will do a pre-authorization on the credit card to ensure that there are sufficient funds to complete the transaction. The charge will be made at the time the order leaves our warehouses.
By clicking on “Authorize Payment” the customer is confirming that the credit card is yours.
We use the system 3DSECURE, which incorporates the protocols VERIFIED by VISA and MASTERCARD SECURECODE to ensure that payment is made safely.
Credit cards are subject to validation checks and authorisations by the entity issuing the same, but if said entity does not authorise payment, we will not be liable for any delay or non-delivery and we will not be able to formalize any Contract with the customer.
8. Value added tax
In accordance with the current regulations, any purchase made through the website will be subject to Value Added Tax (VAT), except those bound for the Canary islands, Ceuta and Melilla. The prices that appear on the website for countries outside of the European Union do not include VAT. The amount of the transportation and the charge of taxes and customs, will have to check with our carrier and will add the corresponding amount to the order.
In this regard, and in accordance with Chapter I of Title V of Directive 2006/112 of the Council of 28 November 2006 on the common system of VAT, the supply shall be located in the member State indicated in the address of delivery of the goods, being the VAT at the prevailing rate in each member State where items are to be supplied in each order.
According to the regulations applicable in each jurisdiction, in the supply of goods made in certain member countries of the European Union to a recipient businessman or professional, could be applicable rule “reverse charge” (article 194 of Directive 2006 / 112) that would not impact the VAT by ALBERTO SANCHEZ CALDERON (PiesComodos), without prejudice to the obligation of the recipient auto-passed the tax due on the transaction.
On orders with destination to the Canary islands, Ceuta and Melilla, deliveries would be found exempt from VAT pursuant to article 146 of the Directive, without prejudice to the application of taxes and tariffs in accordance with the regulations in force in each one of them.
9. Policy changes/returns.
Returns in exercise of the right to withdraw from the purchase.
General policy: if you wish to withdraw from the Contract within the period stated in clause 4 above, you may return the merchandise entregándoselo a messenger/Courier that we will send to your home. You must deliver the goods in the same package in which you received it, following the instructions that you will find in the “SHIPPING / RETURNS” on our website. You should get in touch with us through our refund request so we can arrange the collection at his home.
If you have any questions, you can contact us through our e-mail email@example.com.
You must return the item in addition to the instructions, documents and wrappings that may accompany it.
After examining the item we will notify you if you are entitled to the refund of the amounts paid. The refund will be processed as soon as possible and, in any case within a period of 30 days from the date on which you notify us of the intention to withdraw. The return will be made on the same means of payment used to pay for the purchase.
Shall not proceed with the exchange or return of those products that are not in the same condition in which you received it, or that have been worn beyond simply opening the product.
Changes may be made by any article.
Returns of defective products
In cases where the customer considers that at the time of delivery the product does not conform to what is stipulated in the Contract, you must contact us immediately by means of our email firstname.lastname@example.org providing the information of the product as well as the harm that they suffer.
The product you may return it to your home address to a courier who we will send.
We will examine the returned product carefully and notify you by e-mail within a reasonable period of time if appropriate for the return or replacement of the same (in your case). The return or replacement of the article shall take place as soon as possible and, in any case, within 30 days following the date on which we send you an email confirming that comes the return or replacement of the item in question.
The amounts paid for products that are returned because of any tare or defect, when it exists, will be refunded in full, including delivery charges incurred to deliver the article. The return will be made on the same means of payment used to pay for the purchase.
Excepted the rights recognized by the legislation in force.
10. Rights of warranty.
In the event that a product is defective, PiesComodos agrees to proceed, as appropriate, repair, replacement, price reduction or resolution of contract negotiations that will be free to the consumer and user. PiesComodos responds to the faults of conformity which becomes apparent within a period of seven days from the delivery. The consumer and user must inform via e-mail email@example.com of the lack of conformity within seven days after he has knowledge of it.
11. Responsibility and exoneration of responsibility.
Our liability regarding any Product acquired on our website shall be limited strictly to the purchase price of such Product.
Due to the open nature of this web site and to the possibility of errors in the storage and transmission of digital information, we leave except for those warranties that cannot be lawfully excluded against consumers.
The provisions of this clause shall not affect your statutory rights as a consumer, nor your right to cancel the Contract.
12. Intellectual property.
The client acknowledges and agrees that all copyright, trademark and other intellectual property rights in all material or content supplied as part of the web page correspond to us at all times to us or to those who grant us license for their use. The client may make use of such material only in the way as expressly authorized by us or our licensors for your use. This does not prevent you using this website to the extent necessary to copy the information on your order or Contact data.
13. Communications be in writing.
The applicable legislation demands that part of the information or communications we send to the client in writing. By using this web site, the customer accepts that communication with us will be electronic. We will get in touch with them by e-mail or we will provide information hanging notices on this website. For contractual purposes, the client must be agree to this electronic means of communication and acknowledge that all contract, notification, information and other communications that we provide to you electronically comply with the legal requirements of being in writing. This condition does not affect their rights recognized by law.
The notifications You send us must be sent preferably through our e-mail firstname.lastname@example.org. We may send you communications to the e-mail.
It is understood that notifications have been received and have been correctly made, 24 hours after having sent an e-mail. To prove that the notification has been made, it will be sufficient to prove, that the same was sent to the email address specified by the receiver.
15. Events outside of our control.
We will not be liable for any failure or delay in performance of, any of our obligations under a Contract, whose cause is due to events which are outside our reasonable control (“Force Majeure”).
The Causes of Force Majeure event includes any act, event, lack of exercise, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
It will be understood that our compliance obligation under any Contract will be suspended during the period that the Force Majeure event continues, and we will have an extension in the deadline to fulfil our obligation while such a situation lasts. We will use all reasonable means to end the Cause of Force Majeure or to find a solution by which we can comply with our obligations under the Contract despite the Cause of Force Majeure.
If, during the term of a Contract, to insist upon the strict performance of any of the obligations assumed in virtue of the same or of any of the present terms and Conditions, or if we stopped exercise any of the rights or remedies to which we are entitled to exercise or interpose pursuant to said Contract or these terms and Conditions, this shall not constitute a waiver of such rights or remedies shall not relieve You from compliance with such obligations.
Disclaimers we make to enforce shall not constitute a waiver on our part to demand compliance later.
No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to You in writing in accordance with the provisions of the paragraph on Notices above.
17. Integrity of the contract.
You and us acknowledge that, in entering into this Agreement without having relied on any representation, undertaking or promise given by the other or be implied from anything said or written in the negotiations between the two prior to such Contract except as expressly stated in these terms and Conditions.
Neither You nor us shall have any remedy in respect of any untrue statement made by the other party, verbally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the only recourse available to the other party shall be for breach of contract in accordance with the provisions of the present terms and Conditions.
18. Our right to vary these conditions.
We have the right to revise and amend these Conditions at any time.
You will be subject to the policies and Conditions in force at the time you make each order, unless by law or governmental decision, we have to make changes in such policies, Conditions or Privacy Statement, in which case, possible changes will also affect orders previously made by You.
19. Applicable law and jurisdiction.
These General Conditions are governed by Spanish law. “The parties submit, at its option, for the resolution of conflicts and renouncing any other jurisdiction, to the courts and tribunals of the domicile of the user. Also, as an entity attached to TRUST ONLINE and in terms of its ethic Code, in case of disputes relating to recruitment and online advertising, data protection, protection of minors and accessibility, the user may go to the system of extrajudicial resolution of disputes of TRUST ONLINE (www.confianzaonline.es).
20. Comments and suggestions.
Your comments and suggestions will be well received. Please send us such comments and suggestions through our e-mail email@example.com.
The user declares to have read, understand and accept the present General Conditions in their entirety.