Introduction
This contractual document shall govern the General Conditions for contracting products (hereinafter, "Conditions") through the website vallesopere.es, owned by VALLÉS OPERÉ S.L. under the trademark VALLÉS OPERÉ, hereinafter, PROVIDER, whose contact details are also included in the Legal Notice of this Web.
These Conditions will remain published in the web site at the disposal of the USER to reproduce them and to keep them as confirmation of the contract, being able to be modified at any moment by VALLÉS OPERÉ S.L.. It is responsibility of the USER to read them periodically, since they will be applicable those that are in force at the moment of realization of orders. VALLÉS OPERÉ S.L. will file the electronic document where the purchase is formalized and will have it at the USER'S disposal in case he/she requests it.
Contracts shall not be subject to any formality with the exception of 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 comprehend the above.
- Is a person with sufficient capacity to contract.
- Assumes all obligations set forth herein.
These conditions shall be valid for an indefinite period of time and shall be applicable to all contracts made through the PROVIDER's website.
The PROVIDER informs that the merchant is responsible and aware of the current legislation of the countries to which it sends the products, and reserves the right to unilaterally modify the conditions, without affecting the goods or promotions that were purchased prior to the modification.
Identity of the contracting parties
On the one hand, the PROVIDER of the products contracted by the USER is VALLÉS OPERÉ S.L., with registered office at CALLE MAYOR Nº21 CAMPO CAMARA, 18815 CORTÉS DE BAZA (Granada), NIF B18465484 and customer service telephone number 958734824.
On the other hand, the USER, registered on the website by means of a user name and password, for which he/she has full responsibility of 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 purchase and sale relationship between the PROVIDER and the USER at the moment the USER accepts the corresponding box during the online contracting process.
The contractual relationship of purchase and sale involves the delivery, in exchange for a specific 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, he/she can notify it to MARIBELGAITAN@VALLESOPERE.ES so that VALLÉS OPERÉ S.L. corrects them as soon as possible.
The USER will be able to keep his/her data updated by accessing his/her user account.
Contracting procedure
The USER, in order to access the products or services offered by the PROVIDER, must be of legal age or 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 treated 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 the free movement of such data and the Organic Law 3/2018 of 5 December (LOPDGDD) on the protection of personal data and detailed in the Legal Notice and Privacy Policy of this website.
The USER shall select a user name and password, undertaking to make diligent use of the same 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 unauthorized third party, so that the PROVIDER may proceed to block them immediately.
Once the user account has been created, we inform you that in accordance with the requirements of article 27 of Law 34/2002, of Services of the Information Society and Electronic Commerce (LSSICE), the contracting procedure will follow the following steps:
1. General contracting clauses.
2. Shipment and delivery of orders.
3. Right of withdrawal.
4. Complaints and online dispute resolution.
5. Force majeure.
6. Jurisdiction.
7. Generalities of the offer.
8. Price and period of validity of the bid.
9. Transport costs.
10. Method of payment, costs and discounts.
11. Purchasing process.
12. Dissociation and suspension or termination of the contract.
13. Warranties and returns.
14. Applicable law and jurisdiction.
1.- GENERAL CONTRACTING CLAUSES
Unless otherwise stipulated in writing, the placing of an order with the PROVIDER shall constitute 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 ship any order until it has verified that payment has been made.
Shipments of goods will usually be made by EXPRESS MAIL (POSTAL EXPRESS, SEUR, UPS, STD, etc.), according to the destination freely designated by the USER.
The 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 48 - 72 working hours, depending on the destination town and the chosen payment method. The estimated shipping and delivery date will be provided prior to order confirmation.
Failure to execute the contract remotely
In the event that the contract cannot be executed because the contracted product or service is not available on time, the USER will be informed of the lack of availability and 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 case of unjustified delay on the part of the PROVIDER with respect to the reimbursement of the total amount, the USER may claim to be paid double the amount due, without prejudice to his right to be compensated for damages suffered in excess of such amount.
The PROVIDER shall not assume any responsibility when the delivery of the product or service does not take place due to false, inaccurate or incomplete data provided by the USER.
Delivery shall be deemed to have been made when the carrier has placed the products at the USER's disposal and the USER, or the USER's delegate, has signed the delivery receipt document.
The PROVIDER shall be liable to the USER for any lack of conformity existing at the time of delivery of the order, and the USER may, by means of a simple declaration, demand the correction of such lack of conformity, the reduction of the price or the termination of the contract. In any of these cases the USER may also demand, in addition, compensation for damages, if applicable.
The USER shall have the right to suspend payment of any outstanding portion of the price of the purchased product until the PROVIDER complies with the obligations set forth in this contract.
It is the USER's responsibility to verify the products upon receipt and to state all reservations and claims that may be justified in the delivery receipt document.
In the event that the contracting does not entail the physical delivery of any product, but a download activation on a website, the PROVIDER shall previously inform the USER regarding the procedure to be followed to perform this download.
3.- RIGHT OF WITHDRAWAL
The USER has a period of fourteen calendar days from the date of receipt of the product or from the conclusion of the contract of sale if it was a provision of a service, to exercise the right of withdrawal, regulated in Article 102 of Royal Legislative Decree 1/2007 of 16 November, approving the revised text of the General Law for the Protection 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 term for its exercise shall end twelve months after the expiration date 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
All returns must be communicated to the PROVIDER, requesting a return number by means of the form provided for this purpose, or by e-mail to MARIBELGAITAN@VALLESOPERE.ES, indicating the corresponding invoice or order number.
In the event that the return is not made with the original delivery packaging, the PROVIDER may charge the cost of .....€ to the USER by previously informing the USER through the same communication channel used.
Once the USER has received the return number, he/she will send the product to the PROVIDER, indicating this number on the letter of shipment, with transportation costs at his/her expense, to the address of VALLÉS OPERÉ S.L., CALLE MAYOR Nº21 CAMPO CAMARA, 18815 CORTÉS DE BAZA (Granada)ç
4.- CLAIMS AND ONLINE DISPUTE RESOLUTION
Any complaint that the USER considers appropriate will be dealt with as soon as possible, and may be made at the following contact addresses:
Postal: VALLÉS OPERÉ S.L., CALLE MAYOR Nº21 CAMPO CAMARA, 18815 CORTÉS DE BAZA (Granada)
Telephone: 958734824
E-mail: MARIBELGAITAN@VALLESOPERE.ES
Online Dispute Resolution (Online Dispute Resolution)
Pursuant to Art. 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 of law, through the intervention of a third party, called a Dispute Resolution Body, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties to reach an agreement, and may finally suggest and/or impose a solution to the conflict.
Link to the ODR platform: http://ec.europa.eu/consumers/odr/
5.- FORCE MAJEURE
The parties shall not be liable for any failure due to force majeure. The performance of the obligation shall be delayed until the cessation of the case of force majeure.
6.- COMPETENCE
The USER may not assign, transfer or transmit the rights, responsibilities and obligations contracted in the sale.
If any provision of these terms and conditions shall be deemed void or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected in any way, nor shall they be modified in any way.
The USER declares that he/she has read, knows and accepts these Conditions in their entirety.
7.- GENERAL INFORMATION ABOUT THE OFFER
All sales and deliveries made by the PROVIDER shall be understood to be subject to these Conditions.
No modification, alteration or agreement contrary to the Commercial Proposal of VALLÉS OPERÉ S.L. or to what is stipulated herein, shall be effective, unless expressly agreed in writing signed by the PROVIDER, in which case, these particular agreements shall prevail.
8.- PRICE AND TERM OF VALIDITY 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.
The prices applicable to each product are those published on the website and are expressed in 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 quotation: items, quantities, price, availability, shipping costs, charges, discounts, taxes and the total of the purchase. Prices may change daily until the order is placed.
Once the order is placed, prices will be maintained whether products are available or not.
Any payment made to the PROVIDER shall entail the issuance of an invoice in the name of the registered USER or the company name provided by the USER at the time of placing the order. This invoice will be sent in paper format together with the purchased product. It will be possible to download the invoice in PDF format by accessing the web management panel with the user account. If you wish to receive it by e-mail, 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 the PROVIDER's customer service telephone number 958734824 or via e-mail to MARIBELGAITAN@VALLESOPERE.ES.
9.-TRANSPORTATION EXPENSES
The prices published in the store do not include shipping or communication costs, installation or download costs, or complementary services, unless otherwise expressly agreed in writing.
The shipping costs will be calculated at the moment of saving the basket or quotation, since they are calculated according to the weight of the products and the delivery address.
The maximum transportation rate (VAT included) applied is as follows:
Peninsula and Balearic Islands: 4,5€.
For orders over 100€, shipping costs will be free of charge.
10.- FORMS OF PAYMENT, CHARGES AND DISCOUNTS
The PROVIDER is responsible for the economic transactions and makes possible the following ways to make the payment of an order:
Credit card
Pay Pal
The USER may use a discount coupon prior to the completion of the purchase in case the USER has received it from the PROVIDER.
Safety measures
The website uses information security techniques generally accepted in the industry, such as SSL, data entered in secure page, firewalls, access control procedures and cryptographic mechanisms, all in order to prevent unauthorized access to data. To achieve these purposes, the user/customer agrees that the provider obtains data for the purpose of authentication of 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 their goodwill or negatively influence them.
It is prohibited under the card brand programs to sell or offer a product or service that does not comply with all laws applicable to the Purchaser, Issuing Bank, Merchant or Cardholder of the card(s).
11.- PURCHASING PROCESS
Any product from our catalog can be added to the cart. In the cart, only the items, quantity, price and total amount will be displayed. Once the cart is saved, taxes, charges and discounts will be calculated according to the payment and shipping information entered.
The baskets do not have any administrative link, it is only a section where you can simulate a budget without any commitment on both sides.
From the shopping cart you can place an order by following the steps below for its correct formalization:
1. - Verification of billing data.
2. - Verification of 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 e-mail to the PROVIDER's management department and another to the USER's e-mail confirming that the order has been placed.
Orders (purchase requests)
Prior to order confirmation, information on the status of the order and the approximate shipping and/or delivery date will be provided.
