General terms and conditions of use and contracting
TITLE I "GENERALITIES AND ACCEPTANCE OF THE GENERAL CONDITIONS OF USE OF THE PORTAL".
I.1 OWNERSHIP OF THE PORTAL.
Cubolife, S.L. (hereinafter Cubolife), with address in Zaragoza, Pol. Ind. Argualas Nave 12, and with C.I.F. B99570434, registered in the Commercial Register of Zaragoza, Volume 4467, folio 57, page 67156, is the owner of the portal www.cubolife.com (hereinafter the Portal) and makes this portal available to Internet users, in order to provide information about their products, as well as to allow the purchase of the products offered, to companies authorized by Cubolife.
I.2 GENERAL CONDITIONS OF USE AND ACCEPTANCE THEREOF
The present General Conditions of Use of the Portal, together with the general conditions of contracting, and/or the particular conditions that may be established, are intended to regulate the provision of information and the commercial relations that arise between Cubolife and the users of the portal. The navigation, as well as the use and/or the acquisition of any of the products, suppose the acceptance, without reservations of any class, to all and each one of the present General Conditions of Use, of the General Conditions and the Particular Conditions that, in its case govern in the Portal.
Cubolife may at any time and without notice, modify these General Conditions, as well as the General Conditions of Contract set out in Title III below, and / or the particular conditions, if any, are included, by publishing these modifications on the Portal.
TITLE II: "GENERAL CONDITIONS OF USE OF THE PORTAL".
These General Conditions shall apply both to the promotional activity and the supply of information that is carried out through the Portal and to the possible acquisition of goods and/or the provision of services offered on the portal, in such a way that they shall govern at all times both for simple browsing and for the possible request for the acquisition of goods and/or the provision of services that are advertised on the portal, although the latter activities shall additionally be subject both to these General Conditions of Use and Contracting, especially to the contents of Title III, and to the particular conditions that may exist, as the case may be.
II. 1. INTELLECTUAL AND INDUSTRIAL PROPERTY. PROHIBITION OF HYPERLINKS
All content displayed on the portal and in particular, designs, text, graphics, logos, icons, buttons, software, trade names, trademarks, industrial designs or any other signs susceptible of industrial and commercial use are subject to intellectual and industrial property rights of Cubolife or third party owners who have duly authorized their inclusion in the On-Line System.
In no case it will be understood that any license is granted or any waiver, transmission, total or partial transfer of such rights is made or any right or expectation of right is conferred, and in particular, of alteration, exploitation, reproduction, distribution or public communication of such content without the prior express authorization of Cubolife or the corresponding owners.
You may not establish any link to the portal www.cubolife.com from any other website without the express prior consent of Cubolife.
II. 2. CUBOLIFE'S RESPONSIBILITY
Cubolife will only be liable for damages that the User may suffer as a result of the use of the portal when such damages are attributable to a willful misconduct of this company. The User acknowledges and agrees that the use of the site, as well as the possible acquisition of the products offered therein is done at your entire risk and your entire responsibility.
With character merely enunciative and not limitative, Cubolife is not responsible for the damages that could be derived from:
- Inferences, omissions, interruptions, computer viruses, breakdowns and / or disconnections in the operation of this electronic system or in the devices and computer equipment of the Users, caused by reasons beyond Cubolife, which prevent or delay the provision of services or navigation through the System;
- Delays or blockages in the use caused by deficiencies or overloading of the Internet or other electronic systems that may be caused by third parties through unlawful interference beyond the control of the portal and that are not attributable to Cubolife;
- The inability to provide the Service or allow access for reasons not attributable to Cubolife, due to the User, third parties, or force majeure.
Cubolife does not control, in general, the use that users make of the portal. In particular Cubolife does not guarantee under any circumstances that Users use the Service in accordance with the law, these General Conditions, morality and generally accepted good customs and public order, nor that they do so in a diligent and prudent manner.
II.3. USER OBLIGATIONS
In general the User is obliged to comply with these General Conditions, where appropriate the Special Conditions that were applicable, as well as comply with the special warnings or instructions for use contained therein or on the portal and always act according to law, good customs and the requirements of good faith, using the appropriate diligence to the nature of the service you enjoy, refraining from using the Store in any way that may prevent, damage or impair the normal functioning of the same, the property or rights of Cubolife, its suppliers, other users or in general any third party.
Specifically, and without this implying any restriction to the obligation assumed by the User in general in accordance with the previous section, the User undertakes, in the use of the portal, as well as in the provision of services to:
- In the case of registration, the User undertakes to truthfully provide the data provided;
- Not to enter, store or disseminate on or from the portal, any information or material that is defamatory, libelous, obscene, threatening, xenophobic, incites violence or discrimination on grounds of race, sex, ideology, religion or in any way violates morality, public order, fundamental rights, public freedoms, honor, privacy or image of others and in general the current regulations.
- Not to introduce, store or disseminate through the portal any computer program, data, virus, code, hardware or telecommunications equipment or any other electronic or physical instrument or device that is likely to cause damage to the portal, any of the Services, or any of the equipment, systems or networks of Cubolife, any User, Cubolife suppliers or in general any third party, or in any other way is capable of causing any alteration or impede the normal operation thereof
- To properly safeguard the "User Name" and "Password" that is provided by Cubolife to the Users, as identifying and enabling elements for access to the Services, pledging not to transfer its use or to allow access to them by third parties, assuming responsibility for any damages that may result from improper use of them. Likewise, the user commits to communicate to Cubolife, as soon as possible, its loss or theft as well as any risk of access to the "User Name" and/or the "Password" by a third party;
- Not to carry out advertising, promotional or commercial exploitation activities through the portal, not using the contents and in particular the information obtained through the portal to send advertising, send messages for direct sales purposes or for any other commercial purpose, or to collect or store personal data of third parties;
- Not to use false identities, or impersonate the identity of others in the use of the portal or in the use of any of the services of the portal, including the use of passwords or access codes of third parties or in any other way;
- Not to destroy, alter, use for its use, render useless or damage the data, information, programs or electronic documents of Cubolife, its suppliers or third parties;
- Not to introduce, store or disseminate through the portal any content that infringes intellectual property rights, industrial or business secrets of third parties, or in general any content that does not hold, in accordance with the law, the right to make it available to third parties.
For the purposes of these General Conditions, and for any communication that is necessary between Cubolife and the User, they should contact the Customer Service by email (sent a message to firstname.lastname@example.org) or by written communication addressed to the Customer Service Department of Cubolife, Pol. Ind. Argualas Nave 12, Zaragoza 50012. Cubolife communications to the User will be made according to the data provided by the User when registering on the portal. The User expressly accepts for all communications related to the use of the portal, and / or the possible acquisition of goods, the use of email as a valid procedure for the remission of such communications.
TITLE III: "CONDITIONS OF SALE BETWEEN CUBOLIFE AND POTENTIAL CUSTOMERS".
III.1. GENERAL CONTRACTING CONDITIONS. INFORMATION PRIOR TO CONTRACTING
These general conditions of contracting together, where appropriate, with the particular conditions that may be established, expressly regulate the relations between Cubolife, located in Zaragoza, Pol. Ind. Argualas Nave 12, Zaragoza and with C.I.F. B99570434 and third parties (hereinafter customers) who contract the products offered through the portal, brochure, catalog, fairs, email or other means.
All budget requests are subject to be accepted by Cubolife who reserves the right not to accept those requests that for whatever reason are not considered viable.
The use of the web page as well as the acquisition of any of the products of Cubolife, supposes the acceptance, without reservations of any class, to each and every one of the General Conditions of Contracting, of the General Conditions of Use of the Portal as well as in its case, to the Particular Conditions that, in its case govern the acquisition.
Cubolife informs that the procedures to make the purchase of goods are those described in these general conditions, as well as those specific ones that are indicated on screen during navigation, so that the User declares to know and accept these procedures as necessary to access the products and services offered on the Portal.
Any modification and/or correction of the data provided by Users during browsing must be carried out according to the indications included in the Portal.
III.2.PRODUCTS OFFERED. PURCHASING SYSTEM.
The products offered on the portal, along with its features and price will appear on screen. Apart from the price, and before confirming the order, the total costs will appear on the screen. The prices indicated on the screen are shown in euros (with taxes and shipping costs) and will be at all times in force, except for typographical errors. The offers will be duly indicated on screen Cubolife reserves the right to decide at any time, the products contained and offered to users through the portal. Thus, Cubolife may at any time add new products to those included in the portal, it being understood, unless otherwise provided, that such new products shall be governed by the provisions of the General Conditions in force at that time. Cubolife also reserves the right to withdraw, at any time and without notice, any of the products offered on the site.
Once the purchase request has been made and in the shortest possible time from the execution of the purchase, the Customer Service Department of Cubolife will send by e-mail to the User the corresponding proforma-invoice in which taxes and shipping costs will be included.
3 FORM OF PAYMENT, DELIVERY AND CANCELLATION OF ORDERS
III.3.1 FORMS OF PAYMENT
Payment of the proforma invoice may be made by credit card, debit card, bank transfer, direct debit, bank deposit, cash or in accordance with the means of payment indicated on the portal or mutually agreed.
In order to proceed with the payment, the User must follow each and every one of the instructions that have been agreed upon.
All data provided is encrypted to ensure maximum security.
They are hosted on a secure server certified according to the SSL protocol by Verisign. Cubolife also states that, in no case stores in any way the data provided by users through the payment gateway, and that are retained only while the purchase is made, the payment is made and until after the withdrawal period.
Cubolife is obliged to deliver the goods purchased by the User, at his address or at the address indicated by the Buyer in the order form (products will not be delivered to post office boxes or public places), in the shortest possible time.
The buyer shall bear the risk for damage or loss of the goods from the time they are loaded at Cubolife's facilities either directly to the customer or to a carrier responsible for delivering them to the address indicated.
The buyer is obliged to open and check the product or products received at the time of receipt. If the product arrives in poor condition due to transport, the user must indicate this on the delivery note of the carrier and communicate it in a reliable manner within 24 hours of receipt to our Service of
Attention to the Customer and the transport agency. By accepting the goods without manifesting any apparent defect or defect of quality or quantity, the buyer waives any action against the seller alleging defect or apparent defect of quantity or quality in the goods.
In relation to hidden defects, the buyer renounces to exercise any type of action after 10 days from the reception and acceptance of the good or goods purchased.
In the case of large volume products, Cubolife offers the possibility upon request of the basic installation of the new product purchased:
The user will have the necessary elements for the installation.
Electrical installation with earth connection and free of voltage peaks.
Under no circumstances will the installation service entail any modifications to the customer's home, such as masonry work, dismantling of doors, electrical installation, etc.
III.3.4 RIGHT OF WITHDRAWAL
DESCRIPTION AND PROCEDURE
In the event that the buyer has the status of consumer, you have the right to withdraw from the contract (see EXCEPTIONS) expiring within 14 calendar days from the day on which the user (by him or by a third party related to him by any family relationship or not) acquired the material possession of the goods.
To exercise the right of withdrawal, you must notify your decision through an unequivocal statement, for this you must send an email to the address email@example.com where you must include the order number and reference of the item or items you wish to return. If you prefer, for convenience you can fill out the withdrawal form.
Once the return has been authorised, you will be notified via email and you must send the goods back to us, at your expense, to the address indicated in the email.
We do not accept returns that have not been previously notified and authorized.
The item/s must be returned in good condition, unused, with no missing items and, where applicable, in its original packaging which must also be in good condition. You will only be liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
In the products that allow the exercise of the right of withdrawal (see EXCEPTIONS), once received and checked these, we will refund the payments received from you, including, if any, shipping costs (one way shipping).
If the withdrawal involves an exchange for other items and these have shipping costs when added to the shopping cart, the customer must pay these shipping costs.
We will examine the returned product and notify you about your right (or not) to return via email. We will generally refund the payment using the same system that was used to pay for the purchase. We will process the refund as soon as possible and in any case within 14 calendar days of receiving the product(s) in perfect condition.
As a general rule we will refund your money by the same means used for payment. If you wish to exchange the product for another one, you will have to pay the shipping cost again.
Pursuant to art. 103.d) and/or e) RDLGDCU 1/2007, no return or possibility of exchange or exchange will be admitted for those goods that may deteriorate or expire rapidly or for those sealed goods that are not suitable for return for reasons of health protection or hygiene and that have been unsealed after delivery.
That is, in those products that expire in a period of less than 30 days from the day of purchase or in those cases in which the products have been unsealed, there will be NO RIGHT OF WITHDRAWAL.
III. 4. WARRANTY.
In the event that the buyer is a consumer, our products are guaranteed nationally against manufacturing defects for 2 years (Art. 123 RDLGDCU 1/2007), except for those products that expire on/with a shorter period of time.
The warranty of the purchased products will be your purchase invoice. We support and manage the processing of the warranty with the manufacturer during the entire period.
You must inform exclusively by email firstname.lastname@example.org of the problem indicating the order number. You can also attach photographs or any information that will help us to understand the problem. Any defect must be evaluated to determine if it is a manufacturing defect or due to misuse. Our team will inform you of the steps to follow to solve the problem.
III. 5. APPLICABLE LEGISLATION.
These terms and conditions shall be governed by Spanish law, which shall apply to all matters not provided for in this contract regarding the interpretation, validity and execution of the same.
For the resolution of any divergence that may arise from the interpretation and fulfilment of these general conditions, only the courts and tribunals of the city of Zaragoza will be competent, formally and expressly renouncing any other court and jurisdiction.
Cubolife and the user agree to release Cubolife from the obligations provided for in arts. 26 and 27 of Law 34/2002 of services of the information society and electronic commerce.