GENERAL CONTRACTING TERMS AND CONDITIONS

Introduction

This contractual document will govern the General Conditions for contracting products (hereinafter, «Conditions») through the website www.fecorma.com/tienda, owned by Emiliano Fernández Morán under the trademark Fecorma, hereinafter, PROVIDER, whose contact details also appear in the Legal Notice of this Website.

These Conditions shall remain published on the website available to the USER for reproduction and storage as confirmation of the contract and may be modified at any time by Emiliano Fernández Morán. It is the responsibility of the USER to read them periodically, as those in force at the time of placing orders will be applicable. Emiliano Fernández Morán will file the electronic document where the purchase is formalized and will keep it at the USER’s disposal in case he/she requests it.

The contracts will not be subject to any formality except for the cases expressly indicated in the Civil and Commercial Codes and in this or other special laws.

Accepting this document implies that the USER:

• Has read and understood the above.
• Is a person with sufficient capacity to enter into contract.
• Assumes all the obligations set forth herein.

These conditions will be valid indefinitely and applicable to all orders submitted through the PROVIDER’s website.

The PROVIDER informs that the business is liable and understands the current laws of the countries to which it sends its products and reserves the right to unilaterally modify the conditions, without affecting the goods or promotions acquired prior to the modification.

Identity of the contracting parties

On the one hand, the PROVIDER of the products contracted by the USER is Emiliano Fernández Morán, with registered office at San Roque 46, Villaverde de la Abadía, León, España, tax identification number 71505285X and customer service telephone number 629365238.

And on the other part, the USER, registered on the website by means of his/her own e-mail account, who is fully liable for the use and safeguarding of which and for the truthfulness of the personal data submitted to the PROVIDER.

Purpose of the contract

The purpose of this contract is to regulate the contractual trade relationship between the PROVIDER and the USER, which arises when the USER accepts by ticking the corresponding box during the online contracting process.

The contractual trade relationship involves the delivery of a specific product, in exchange for a certain price which is publicly displayed on the website.

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 may notify info@fecorma.com so that Emiliano Fernández Morán can correct 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 an emancipated minor and register through the website by creating a user account. For this reason, the USER must freely and voluntarily provide the personal data required, which will be processed in accordance with the provisions of Regulation (EU) 2016/679 of 27 April 2016 (GDPR) on the protection of individuals 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 as detailed in the Legal Notice and Privacy Policy found on this website.

The USER enters his/her own e-mail account committing to use it diligently and to not make them available to third parties, as well as to inform the PROVIDER of their loss or theft or possible access by an unauthorised third party, so that the PROVIDER can proceed to immediately block it.

Once the user account has been created, we inform you that, in accordance with the requirements of Article 27 of Spanish Law 34/2002 on Services of the Information Society and E-Commerce (LSSICE), the following steps will be followed during the contracting procedure:

1. General contracting clauses.
2. Shipping and delivery of orders.
3. Right of withdrawal.
4. Online claims and dispute resolution.
5. Force majeure.
6. Competency.
7. General information of the offer.
8. Price and period of validity of the offer.
9. Shipping costs.
10. Payment methods, charges and discounts.
11. Purchase process.
12. Suspension or termination of the contract.
13. Guarantees and refunds.
14. Applicable law and jurisdiction.

1. GENERAL CONTRACTING CLAUSES

Unless otherwise stipulated in writing, placing an order with the PROVIDER shall imply the acceptance by the USER of these legal terms and conditions. No stipulation made by the USER may differ from those made by the PROVIDER unless 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 been verified that payment has been made.

Shipment of goods will usually be made using EXPRESS COURIER (POSTAL EXPRESS, SEUR, UPS, STD, etc.), according to the destination indicated 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 period shall be between 30 and 45 working days, depending on the availability of the suppliers to manufacture the product. The expected date of shipment and delivery will be provided prior to order confirmation.

 

 

Failure to carry out the remote contract

In the event of not being able to execute the contract 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.

The PROVIDER will not accept any liability if the delivery of the product or service is not fulfilled because of false, inaccurate or incomplete information provided by the USER.

The delivery shall be deemed to have taken place when the USER has received the products from the courier and the USER, or their representative, has signed a document confirming receipt of the delivery.

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, require 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 part of the price of the purchased product until the PROVIDER complies with the obligations set out in this contract.

It is the USER’s responsibility to check the products upon receipt and ensure that everything claimed in the delivery receipt document can be justified.

In the event that the contract does not involve the physical delivery of a product, but a download activation on a website, the PROVIDER will inform the USER in advance of the procedure to be followed in order to download the product.

3. RIGHT OF WITHDRAWAL

The USER has a period of fourteen calendar days, counted from the date of receipt of the product or from the conclusion of the sales contract if it were a provision of a service, to exercise the right of withdrawal, regulated in article 102 of the Royal Legislative Decree 1/2007, of November 16, which approves the consolidated 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 its exercise shall end twelve months after the date of expiration of the initial withdrawal period, in accordance with the 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.

The PROVIDER must be informed of any return, with the request for a return number by emailing info@fecorma.com, indicating the corresponding invoice number or order number.

In the event that the return is not made with the original delivery packaging, the PROVIDER may charge the cost of 30€ to the USER, previously informing the USER of this through the same communication channel used.

Once the USER has received the return number, they will send the product, indicating this number in the delivery note, covering the shipping costs themselves, to the PROVIDER at Emiliano Fernández Morán, San Roque 46, Villaverde de la Abadía, León, España

4. ONLINE CLAIMS AND DISPUTE RESOLUTION

Any complaint that the USER deems appropriate should be dealt with as soon as possible, and can be made by contacting the following contact addresses:

 

Postal address: Emiliano Fernández Morán, San Roque 46, Villaverde de la Abadía, León, España

Telephone: +34629365238

Email: info@fecorma.com

Online Dispute Resolution (ODR)

In accordance with Article 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for the resolution of online disputes between the USER and the PROVIDER through the intervention of a third party, called the Dispute Resolution Body, which acts as an intermediary between them, eliminating the need to resort to a court of law. This is a neutral body which will consult both parties in order to reach an agreement, and may ultimately 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 fault due to any greater cause. Fulfilment of the obligation shall be delayed until after the end of the case of force majeure.

6. COMPETENCY

The USER may not assign, transfer or transmit the rights, responsibilities and obligations agreed in the purchase.

If any of the terms and conditions are considered null or impossible to fulfil, the validity, legality and fulfilment of the remaining terms and conditions shall not be affected or modified in any way.

The USER declares to have read, understood and accepted these Conditions in their entirety.

7. GENERAL INFORMATION OF THE OFFER

All sales and deliveries made by the PROVIDER are subject to these Conditions.

No modification, alteration or agreement contrary to the Commercial Proposal of Emiliano Fernández Morán or stipulated herein shall take effect, unless expressly agreed in writing and signed by the PROVIDER, in which case, these particular agreements shall prevail.

8. PRICE AND PERIOD OF VALIDITY OF THE OFFER

The prices indicated for each product or service include Value Added Tax (VAT) or any other applicable taxes. 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 shall be shown in EURO. The USER accepts that the economic valuation of some of the products may vary in real time.

Before making your purchase, you can check all details of the estimate online: items, quantities, price, availability, shipping costs, charges, discounts, taxes and the total amount of the purchase. Prices may change daily as long as the order has not been placed.

Once the order has been placed, prices will be maintained regardless of whether the products are available.

Any payment made to the PROVIDER entails sending an invoice in the name of the registered USER or of the company name that they indicated while placing the order. This invoice will be sent by e-mail to the address specified during the checkout.

For any information about the order, the USER may contact the PROVIDER’s customer service by calling +34629365238 or by emailing info@fecorma.com.

9. SHIPPING COSTS

The prices displayed in the shop do not include shipping or communication expenses, installation or download or additional services, unless expressly agreed otherwise in writing.

Shipping costs will be calculated when saving the basket or estimate, since they are calculated by the weight of the products and the delivery address.

The maximum shipping rate (VAT excluded) applied is as follows:

 

Spain up to 2 kg: 10€

Spain > 2 kg up to 10 kg: 25€

Spain > 10 kg up to 20 kg: 40€

Spain > 20 kg up to 30 kg: 55€

Spain > 30 kg up to 50 kg: 90€

Spain Canary Islands up to 2 kg: 35€

Spain Canary Islands > 2 kg up to 10 kg: 85 €

Spain Canary Islands > 10 kg up to 20 kg: 150€

Spain Canary Islands > 20 kg up to 30 kg: 225€

Spain Canary Islands > 30 kg up to 50 kg: 350€

EU up to 2 kg: 60€

EU > 2 kg up to 10 kg: 70€

EU > 10 kg up to 20 kg: 80€

EU > 20 kg up to 30 kg: 95€

EU > 30 kg up to 50 kg: 130€

10. PAYMENT METHODS, CHARGES AND DISCOUNTS

The PROVIDER is responsible for the economic transactions and accepts the following payment methods for orders:

• Bank transfer
• Pay Pal

Security measures

The website uses generally accepted information security techniques within the industry, such as SSL, data entered on a secure page, firewalls, access control procedures and cryptographic mechanisms, with the aim of preventing unauthorised access to data. To achieve these purposes, the user/client agrees that the provider will obtain data for the purpose of the corresponding access control authentication.

The PROVIDER undertakes not to allow any transaction which is considered illegal by the credit card brands or the acquiring bank and which may or has the potential to damage their goodwill or negatively influence them.

It is prohibited under the card brand programmes 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. PURCHASE PROCESS

Any product from our catalogue can be added to the basket. In the basket you can only view the products, quantity, price and total cost. Once the basket has been saved, the taxes, charges and discounts will be calculated according to the payment and shipping details entered.

Baskets have no administrative link, it is only a section where you can simulate an order without any commitment from either party.

Follow the steps below to correctly place an order from the basket:

1. Confirm billing details.
2. Confirm shipping address.
3. Select payment method.
4. Place your order (buy).

Once the order has been processed, the system instantly sends an email to the PROVIDER’s management department and another to the e-mail of the USER 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.

12. SUSPENSION OR TERMINATION OF THE CONTRACT

If any of these terms and conditions should be deemed unlawful, void or for any reason unenforceable, the term in question shall be deemed severable and shall not affect the validity and enforceability of any remaining terms and 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 set forth in this contract or any applicable legal provision, license, regulation, directive, code of practice or policy.

Whenever 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. GUARANTEES AND REFUNDS

The guarantees will respond to the provisions of the Title referred to "Guarantees and after-sales services" of the Royal Legislative Decree 1/2007, of November 16, 2007, 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. APPLICABLE LAW AND JURISDICTION

These conditions shall be governed by or construed in accordance with Spanish law in respect of matters not expressly set forth herein. Any controversy that may arise from the provision of the products or services subject to these Conditions shall be submitted to the courts and tribunals of the USER’s domicile, the place of fullfilment of the obligation or the place where the property is located if it is immovable.