This contractual document will govern the contracting of products and services through the website www.uaiaart.com, owned by UAÏA C.B, hereinafter PROVIDER.
The acceptance of this document implies that the USER:
– You have read, understand and understand what is here exposed.
– Is a person with sufficient capacity to contract.
– Assumes all the obligations set forth herein.
These conditions will have an indefinite period of validity and will be applicable to all the hirings made through the web site of the PROVIDER.
The PROVIDER informs that the trade is responsible and knows 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 acquired prior to the modification. .
Identity of the contracting parties
On the one hand, the provider of the goods or services contracted by the USER is UAÏA C.B, with registered office at Carrer Font d’en Llanes 20, 08590 Figaró – Montmany (Barcelona), NIF E67197400.
I of the other, the USER, registered in the website through a username and password, over which he has full responsibility for 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 relationship of sale between the PROVIDER and the USER at the moment when the latter accepts the corresponding box during the online contracting process.
The contractual relationship of purchase involves the delivery, in exchange for a specific price and publicly exposed through the website, of a specific product or service.
The USER, in order to access the services or products offered by the PROVIDER, must register through the website by creating a user account.
The USER will select a username and a password, committing to make a use of them and not to make them available to third parties, as well as to inform the PROVIDER of the loss or theft of the same or of the possible access by a third party. not authorized, so it proceeds to immediate blocking.
Once the user account has been created, it is informed that in accordance with what is required by article 27 of Law 34/2002, of Services of the Information Society and Electronic Commerce (LSSICE), the contracting procedure will continue the following steps:
- General contracting clauses.
2. Shipment of orders.
3. Right of withdrawal.
5. Force majeure
7. General of the offer.
8. Price and term of validity of the offer.
9. Transportation expenses.
10. Form of payment, expenses and discounts.
11. Purchase process.
12. Applicable guarantees.
13. Guarantees and returns.
14. Applicable law and jurisdiction.
- GENERAL CONTRACTING CLAUSES
Unless otherwise stipulated in writing, the making of an order to the PROVIDER will imply 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.
Every User who registers on the Website must have, at least, eighteen (18) years.
- SENDING ORDERS
Shipments are made by courier service. The shipping costs include in all cases the Value Added Tax (VAT), but no other tax, duty, fee or surcharge.
Delivery is understood as the delivery of the items at home or address specified by the Customer during the process of placing the order, limited as delivery areas previously related.
UAÏA delivers orders to the courier service within a maximum period of 6 days. We are not responsible for possible delivery delays caused by the courier service.
The PROVIDER will not send any order until it has verified that the payment has been made.
Shipments to Spain (peninsula) take approximately 1 to 5 business days (Monday to Friday) once the payment has been confirmed by the Customer. In international shipments the delivery time can be from 4 to 10 working days (from Monday to Friday), depending on the destination and the indicated transport company. We are not responsible for the possible delays caused by the courier service.
The PROVIDER will not assume any responsibility when the delivery of the product or service does not occur, because the data provided by the USER, false, inaccurate or incomplete.
The delivery will be considered made when the carrier has placed the products at the disposal of the USER and the latter, or the delegate thereof, has signed the delivery receipt.
It is up to the USER to verify the products upon receipt and expose all the reservations and claims that may be justified in the delivery receipt.
In the event that the contract does not entail the physical delivery of any product, being these directly downloaded from the website, the PROVIDER will inform the USER beforehand about the procedure to be followed to make this download.
- RIGHT OF WITHDRAWAL
The USER has the same rights and deadlines to proceed to return and / or claim possible defects or defects that the product or service presents, both online and offline.
The USER has a period of fourteen calendar days, counted from the date of reception of the product, for the return of the same (article 71 of Law 3/2014 of March 27).
The USER has a PLACE of fourteen calendar days, counted from the date of reception of the product, for the return of the same (article 71 of Law 3/2014 of March 27). Unless the return is made for defects in the product, the expenses related to the shipment will be assumed by the USER. The product must be returned in its original packaging and in perfect condition.
The right of withdrawal can not be applied in the following cases:
- If the product is not presented in perfect condition.
2. If the product wrappers are not the original ones or they are not in perfect condition. The original packaging must protect the product so that it is received in perfect conditions, being forbidden the use of seals and adhesive tapes applied directly on it.
3. When the product is open without being able to prove that it has not been used.
4. In software applications that have been downloaded directly from the portal.
5. When they are personalized products or those that, due to hygienic reasons or other legally established exceptions, are not susceptible of this right. Any return must be communicated to the PROVIDER, for this we only ask that you notify us in writing by sending an email to email@example.com indicating the necessary data to locate the purchase. For our part, at the moment we receive your email, we will communicate, by email, the receipt of it, indicating the process to follow. In this case, you must send the products in perfect condition, at the latest within 14 calendar days after the receipt of the products. In these cases, Uaïa will reimburse the client for all the expenses of the original purchase. However, the customer will assume the direct expense of returning the products.
Any claim that the USER considers opportune will be attended in the shortest possible time, being able to realize in the following address of contact:
Postal: UAÏA C.B, Calle de la Font d’en Llanes 20, 08590 Figaró – Montmany (Barcelona)
Online Dispute Resolution
According to Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for the resolution of online conflicts between the USER and the PROVIDER, without the need to resort to the courts of justice, through the intervention of a third party, called the Dispute Resolution Body, which acts as an intermediary between the two. This body is neutral and will dialogue between 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/
- GREATER POWER
In the event that, due to circumstances of force majeure, a product is not available after the purchase has been made, UAÏA will inform the USER by email of the total or, if applicable, partial cancellation of the order. The partial cancellation of the order does not give the right to cancel the entire order, without prejudice to the exercise of the right of withdrawal corresponding to the User in accordance with the provisions of these conditions. UAÏA is not responsible for delays in the delivery of orders, or the impossibility of performing them when the cause is due to force majeure, and therefore out of our control. Among other causes, we understand that there is force majeure in the following cases, but without limitation: accidents; strikes revolts, threats or terrorist attacks; fire or explosion; meteorological causes or natural disasters such as storm, flood, earthquake, subsidence, epidemic; problems foreign to us in the means of transport or telecommunication systems. As far as possible, once the cause of impossibility or delay is over, Uaïa will do everything possible to resume its commercial activities and be able to fulfill its obligations and shipments.
The USER may not assign, transfer or transmit the rights, responsibilities and obligations contracted in the sale.
If any stipulation of these conditions is considered null or impossible, the validity, legality and compliance of the rest will not be affected in any way, nor will they be modified in any way.
The USER declares to have read, know and accept these General Conditions in all their extension.
GENERAL OF THE OFFER
All sales and deliveries made by the PROVIDER shall be subject to these General Conditions.
No modification, alteration or agreement contrary to the Commercial Proposal of UAÏA C.B or here stipulated shall have effect, unless expressly agreed in writing signed by the PROVIDER, in this case, these particular agreements shall prevail. Given the continuous technical advances and improvements of the products, the PROVIDER reserves the right to modify its specifications regarding the information provided in its advertising, until it affects the value of the products offered. These modifications will also be valid if, for any reason, the possibility of supplying the offered products is affected.
8. PRICE AND VALIDITY OF THE OFFER
The prices indicated for each product include the Value Added Tax (VAT) or other taxes that may be applicable. These prices, unless expressly indicated otherwise, do not include shipping, handling, wrapping, shipping insurance or any other additional service and annex to the product or service purchased.
The prices applicable to each product are those published on the website and are expressed in the EURO currency. The USER assumes that the economic valuation of some of their products may vary in real time.
Before making the purchase, you can check online all the details of the budget: items, quantities, price, availability, transport costs, charges, discounts, taxes and the total purchase. Prices may change daily as long as the order is not placed. The products will be sold at the price indicated, and what is collected at the time of the confirmation of the order by the customer is in force.
Once the order is placed, the prices will be maintained whether there is availability of products or not.
Any payment made to the PROVIDER entails the issuance of an invoice in the name of the registered USER or of the company name that he / she has informed at the moment of placing the order. This invoice will be sent together with the purchased product, as well as in PDF to the email address provided by the USER.
For any information about the order, the USER can contact via email to the address firstname.lastname@example.org.
- TRANSPORTATION COSTS
The prices do not include shipping or communication costs, nor of installation, or complementary services, unless expressly agreed in writing to the contrary.
The ports will be calculated at the moment of saving the basket or budget, since they are calculated by the weight of the products and by the delivery address.
– National and Peninsular Shipping: € 6.
The Canary Islands, Ceuta and Melilla are not part of the customs territory of the EU, so shipments may be subject to taxes and / or customs duties. In most cases, the fees are charged at the time of delivery of the package, although it is possible that the customer receives a notification by mail requesting you personally to pay these fees to receive the package. The amount of the fees may vary according to the weight / amount of the package. In the case of shipments to the Canary Islands, Uaïa includes administrative costs for the shipping, but does not include the IGIC; the recipient must be paid at the time of delivery.
- FORMS OF PAYMENT, CHARGES AND DISCOUNTS
The forms of payment accepted by Uaïa are:
The Client will be conducted on the PayPal website taking advantage of its secure payment platform. Once the payment process has been completed, you will be taken back to the Uaïa online store.
Once in PayPal you can make the payment with a PayPal account or with a credit card, in no case will you accept cash on delivery.
PayPal can hold an amount as a deposit or insurance when you try to make a purchase with the card on the PayPal platform (usually a few cents or € 1). This amount will reimburse PayPal in about a month. The collection of this amount does not guarantee that the purchase is made.
11. PURCHASE PROCESS
To proceed with the purchase of the product, the User, who must be over eighteen (18) years old, must select the product that he wishes to buy and add it to the basket. Once the selection of products to be purchased has been completed, the User must click on the option ‘Place order’. Next, the selected products will be indicated for their purchase and the User will have to select between the available options for the shipment of the products to the indicated address and the form of payment of the same. Finally, the user must press the option ‘Complete the order’.
The data provided to UAÏA through the corresponding form are identifiers and enablers to access and make purchases and are personal and non-transferable.
All our products have a guarantee of two (2) years according to the criteria and conditions described in Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of consumers and users and other complementary laws as long as the damage or defect is not imputable.
Therefore, if the product is defective, it will be Uaïa who will pick it up and exchange it for the correct one, taking charge of the expenses associated with this return and exchange (except for those additional expenses resulting from choosing an express delivery method, in this case the Customer must assume this extra cost).
To be able to manage the incident, we need you to notify us by email to email@example.com indicating:
The reason for the incident, the order number (essential to locate the purchase), the delivery note of the same and photos of the damaged or wrong product so that we can assess the situation.
Once we have received this information, we will contact the Client to explain the steps to follow. You must inform us of the lack of conformity of the product within two (2) months of knowing the defect. If it is not objectively possible to replace the product with another of the same class, Uaïa will proceed to return the same price.
It is important that you know that our warranty does not cover:
a) Negligent or violent use of the product.
b) The damages derived from the manipulation or intervention of the product.
In addition, it is equally important that you follow at all times the possible instructions for use or installation of the products we provide you and, in case of doubt, you must contact us by email at firstname.lastname@example.org to receive advice on the use of the product.
All products offered through the website are completely original, unless otherwise indicated in its description. All have a warranty period of two years.
GUARANTEES AND RETURNS
The guarantee of the offered products will respond to the following articles based on Law 23/2003 of July 10 of Guarantees of sale of consumer goods:
I) Conformity of the products with the contract
1. Unless proven otherwise, it will be understood that the products are in accordance with the contract provided that they meet the requirements set out below, except that due to the circumstances of the case, some of them are not applicable:
They conform to the description made by UAÏA C.B
Be suitable for the uses to which products of the same type are ordinarily destined.
They are suitable for any special use required by the client when he has informed UAÏA C.B at the time of the conclusion of the contract, provided that he has admitted that the product is suitable for this use.
They present the usual quality and performance of a product of the same type that the customer can reasonably expect, taking into account the nature thereof and, where appropriate, the descriptions of the specific characteristics of the products made by UAÏA C.B.
UAÏA C.B describes the details, technical characteristics and photographs of the products provided by the manufacturer thereof, so it is not bound by these public statements.
The lack of conformity resulting from improper installation of the product will be equated to the lack of conformity of the same when the installation is included in the contract of sale and has been made by UAÏA or under its responsibility, or by the USER when the Faulty installation is due to an error in the installation instructions.
3. The responsibility for non-compliance that the user knows or has not been able to ignore at the time of the conclusion of the contract or that have their origin in materials supplied by the USER will not proceed.
II) LENDER’s responsibility
UAÏA C.B will respond to the user of any lack of conformity that exists at the time of delivery of the product. UAÏA C.B recognizes the USER the right to repair the product, its replacement, the price reduction and the termination of the contract.
III) Repair and replacement of products
If the product is not in accordance with the contract, the USER may choose between demanding repair or replacement, unless one of these options is impossible or disproportionate. From the moment in which the user communicates to UAÏA C.B the option chosen, both parties must abide by it. This decision of the user understands without prejudice to the provisions of article IV below for the cases in which the repair or replacement fails to bring the product into conformity with the contract.
Any form of sanitation that imposes on UAÏA CB costs that, in comparison with the other form of sanitation, are not reasonable, taking into account the value that the product would have if there were no lack of conformity, the relevance of the lack of compliance, will be considered disproportionate. conformity and if the alternative form of sanitation could be carried out without major inconveniences for the USER.
IV) Rules of repair or replacement of the product
The repair and replacement will meet the following standards:
a) Will be free for the USER.
This gratuity will include the necessary expenses incurred to correct the lack of conformity of the products with the contract, especially the shipping costs, as well as the costs related to labor and materials.
b) They will be carried out within a reasonable period and without major inconveniences for the user, taking into account the nature of the products and the purpose that they had for the USER.
c) The repair suspends the calculation of the terms referred to in Article VII. The period of suspension will start from when the user puts the product at the disposal of UAÏA C.B and will conclude with the delivery to the USER of the product already repaired. During the six months after delivery of the repaired product, UAÏA C.B will be responsible for the non-conformity that led to the repair. It is presumed that it is the same lack of conformity when defects of the same origin as those initially manifested are reproduced in the product.
d) The substitution suspends the terms referred to in Article VII from the exercise of the option until the delivery of the new product. The second paragraph of Article VII applies to the substitute product, in any case.
e) If the repair is completed and the product delivered, it is still not in accordance with the contract, the USER may demand the replacement thereof, within the limits established in section 2 of article IV, or the price reduction or resolution of the contract under the terms of article V.
f) If the substitution fails to bring the product into conformity with the contract, the USER may demand the repair thereof, within the limits established in section 2 of article IV, or the price reduction or termination of the contract in the terms of articles V and VI.
The user can not demand replacement in the case of non-expendable products, nor when it is second-hand products.
V) Price reduction and resolution of the contract
The reduction of the price and the termination of the contract shall proceed, at the choice of the USER, when the latter can not demand the repair or replacement of the product and in cases where these have not been carried out within a reasonable time or without major inconveniences for the USER. The resolution will not proceed when the lack of conformity is of minor importance.
VI) Criteria for price reduction
The price reduction will be proportional to the difference between the value that the product would have had at the time of delivery of having agreed with the contract and the value that the product actually delivered had at the time of delivery.
UAÏA C.B responds to the lack of conformity that is manifested within a period of two years from delivery. In the second-hand products, UAÏA C.B and the USER may agree on a shorter term, which may not be less than one year after delivery.
Unless proven otherwise, it will be presumed that the non-conformity manifests in the six months after delivery already existed when the product was delivered, except when this presumption is incompatible with the nature of the product or the nature of the lack of conformity .
2. Unless proven otherwise, delivery is understood to be made on the day that appears on the invoice or purchase label, or on the corresponding delivery note if it is later.
3. The action to claim compliance with the provisions of the previous articles prescribes three years from the delivery of the product.
4. The user must inform UAÏA C.B of the lack of conformity within two months of having knowledge of it.
Unless proven otherwise, it will be understood that the communication of the USER has taken place within the established term.
VIII) Action against the producer
When the USER finds it impossible or involves an excessive burden, contact UAÏA C.B for lack of conformity of the products with the contract of sale may claim directly to the producer to obtain the replacement or repair of the product.
In general, and without prejudice to the producer’s liability to cease, in the same terms and conditions as those established by UAÏA CB, the producer will respond for the lack of conformity when it refers to the origin, identity or suitability of the products, according to their nature and purpose and the rules that regulate them.
Producer, manufacturer of a product or its importer in the territory of the European Union or any person who presents himself as such when indicating in the product his name, trademark or other distinctive sign. Anyone who has responded to the USER, will have a one year period to repeat responsibility for the lack of conformity. This term will be computed from the moment in which the sanitation was completed.
14. APPLICABLE LAW AND JURISDICTION
These conditions shall be governed or construed in accordance with Spanish law in matters not expressly established. The PROVIDER and the user agree to submit any dispute that may arise from the provision of the products or services subject to these Conditions of the courts and tribunals of the user’s address.
In the event that the USER is domiciled outside of Spain, the PROVIDER and the USER expressly waive any other forum, submitting themselves to the Courts and Tribunals closest to the population of Barcelona (Spain).