Legal notice
GENERAL TERMS AND CONDITIONS OF CONTRACT
This contractual document will govern the contracting of products and services through the website https://www.cestasesga.com/, owned by CESTERIA ESTEVE GARRIDO S.L., hereinafter referred to as the PROVIDER.
By accepting this document, the USER:
– Has read, understands, and comprehends what is stated herein.
– Is a person with sufficient capacity to contract.
– Assumes all the obligations outlined here.
These terms and conditions will remain in effect indefinitely and will apply to all contracts made through the PROVIDER’s website.
The PROVIDER informs that it is responsible for and is familiar with the legislation of the countries to which it ships products and reserves the right to unilaterally modify these conditions, without affecting previously purchased goods or promotions before the modification.
Parties to the Contract
On the one hand, the provider of the goods or services contracted by the USER is CESTERIA ESTEVE GARRIDO S.L., with a registered office at Pol. Industrial Sector B, Calle A, Parcela 5, 46691 VALLADA (Valencia), NIF B-96935945, and phone number 962257730.
On the other hand, the USER, registered on the website with a username and password, for which they bear full responsibility for use and custody, and is responsible for the accuracy of the personal data provided to the PROVIDER.
Purpose of the Contract
The purpose of this contract is to regulate the contractual relationship of the sale that arises between the PROVIDER and the USER when the USER accepts during the online contracting process the corresponding checkbox.
The sales contract involves the delivery, in exchange for a specified price publicly displayed on the website, of a particular product or service.
Contracting Procedure
To access the services or products offered by the PROVIDER, the USER must register through the website by creating a user account. To do so, the USER must freely and voluntarily provide the personal data required, which will be processed in accordance with Regulation (EU) 2016/679 of April 27 (GDPR) and Organic Law 3/2018 of December 5 (LOPDGDD), as detailed in the Legal Notice and Privacy Policy of this website.
The USER will choose a username and password, committing to use them diligently and not to make them available to third parties, as well as to notify the PROVIDER in case of loss, theft, or potential unauthorized access by a third party, so that immediate blocking can take place.
Once the user account has been created, in compliance with Article 27 of Law 34/2002, on Information Society Services and E-commerce (LSSICE), the contracting procedure will follow these steps:
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General contracting clauses.
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Order submission.
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Right of withdrawal.
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Claims.
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Force majeure.
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Jurisdiction.
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Prices.
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Shipping costs.
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Payment method.
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Purchase process.
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Guarantees and returns.
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Applicable law and jurisdiction.
1. GENERAL CONTRACTING CLAUSES
Unless expressly stated otherwise in writing, placing an order with the PROVIDER will imply the USER’s acceptance of these legal conditions. No stipulation made by the USER may differ from those of the PROVIDER unless expressly accepted in writing by the PROVIDER in advance.
2. ORDER SUBMISSION
The PROVIDER will not send any order until it has verified that payment has been made.
Shipping of goods will usually be done by TORULINE EXPRESS courier.
Delivery dates or times are approximate and delays will not constitute a fundamental breach of the contract.
The delivery time is typically between 48-72 hours.
The PROVIDER will not assume any responsibility if the delivery of the product or service is not completed due to incorrect, false, or incomplete data provided by the USER.
Delivery will be considered completed when the carrier has made the products available to the USER, and the USER or their representative has signed the delivery receipt.
It is the USER’s responsibility to verify the products upon receipt and to note any complaints or claims that may be justified on the delivery receipt.
If the contract does not involve the physical delivery of any product, and they are downloaded directly from the website, the PROVIDER will inform the USER in advance about the procedure to follow to complete the download.
3. RIGHT OF WITHDRAWAL
The USER has the same rights and timeframes to return and/or claim any defects or issues with the product or service, both online and offline.
The USER has a period of FIFTEEN calendar days, from the date of receipt of the product, to return it (Article 71 of Law 3/2014 of March 27). Unless the return is due to product defects, shipping costs will be borne by the USER. The product must be returned in its original packaging and in perfect condition.
The right of withdrawal does not apply in the following cases:
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If the product is not in perfect condition.
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If the product packaging is not original or is not in perfect condition. The original packaging must protect the product so that it is received in perfect condition; the use of seals and tapes applied directly to the packaging is prohibited.
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When the product has been opened and it cannot be demonstrated that it has not been used.
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For software applications that are downloaded directly from the portal.
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When the product is personalized or those that, for hygiene reasons or other legal exceptions, are not subject to this right.
Any return must be communicated to the PROVIDER, requesting it and its processing via email to cesteriaestevegarrido@hotmail.com, including the invoice or order number.
Once the USER receives approval and instructions for the return, they should send the product to the PROVIDER’s address, with the delivery data provided, and the transport costs at their own expense, to CESTERIA ESTEVE GARRIDO S.L., Pol. Industrial Sector B, Calle A, Parcela 5, 46691 VALLADA (Valencia).
4. CLAIMS
Any claim that the USER deems appropriate will be addressed as soon as possible and can be made through the following contact addresses:
Postal: CESTERIA ESTEVE GARRIDO S.L - Pol. Industrial Sector B, Calle A, Parcela 5, 46691 VALLADA (Valencia), Phone: 962257730
Email: cesteriaestevegarrido@hotmail.com
5. FORCE MAJEURE
Neither party will be held responsible for any failure due to force majeure. The fulfillment of the obligation will be delayed until the force majeure case ceases.
6. JURISDICTION
The USER may not assign, transfer, or transmit the rights, responsibilities, and obligations contracted in the sale.
If any provision of these conditions is considered null or impossible to fulfill, the validity, legality, and enforcement of the rest will not be affected in any way, nor will they be modified in any manner.
The USER declares to have read, understood, and accepted these General Terms and Conditions in their entirety.
7. PRICES
The prices indicated for each product include VAT (Value Added Tax) or other applicable taxes. These prices will be set at the time of purchase. Unless explicitly stated otherwise, these prices do not include shipping, handling, packaging, shipping insurance, or any additional services related to the purchased product or service.
The prices for each product are those published on the website and will be expressed in EURO. The USER acknowledges that the economic value of some products may vary in real-time.
Before completing the purchase, the USER can check all details of the quote online: items, quantities, price, availability, shipping costs, charges, discounts, taxes, and the total purchase amount. Prices may change daily until the order is placed.
Once the order is completed, the prices will remain the same whether the products are available or not.
Any payment made to the PROVIDER will include the issuance of an invoice in the name of the registered USER or the company name provided during the order. This invoice will be sent along with the purchased product to the email address provided by the USER.
For any information regarding the order, the USER can contact via phone at 962257730 or by email at cesteriaestevegarrido@hotmail.com.
8. SHIPPING COSTS
Prices do not include shipping costs or communication, installation, or complementary services unless expressly stated otherwise in writing.
Shipping costs will be calculated when saving the basket or quote.
The minimum shipping cost for the mainland is from 7.00 euros.
For CEUTA, MELILLA, BALEARES, AND CANARIAS, please check the shipping price by sending an email.
Free shipping for orders over 100 euros.
The prices mentioned do not include VAT, which will be charged at the end of the purchase.
9. PAYMENT METHODS
The PROVIDER offers the following payment methods for an order:
• Bank transfer. • Credit card.
10. PURCHASE PROCESS
Basket (quote simulation)
Any product from our catalog can be added to the basket. The basket will only show the items, quantity, price, and total amount. Once saved, the system will calculate taxes, charges, and discounts based on the payment and shipping details entered.
The basket does not have any administrative binding, it is only a section where a budget can be simulated without commitment by either party.
From the basket, an order can be placed by following these steps to formalize it correctly:
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Check the billing details.
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Check the shipping address.
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Select the payment method.
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Complete the order (purchase).
Once the order is processed, the system will instantly send an email to the PROVIDER’s management department.
Orders (purchase requests)
Within 24/48 hours, on working days, an email or instant message will be sent confirming the order status.
11. GUARANTEES AND RETURNS
The warranties for the offered products will comply with the following articles based on Law 23/2003 of July 10 on Guarantees for the Sale of Consumer Goods:
I) Conformity of the products with the contract
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Unless proven otherwise, the products will be considered in conformity with the contract as long as they meet all the requirements outlined below, unless some of them are not applicable due to the circumstances of the case:
a) They match the description provided by CESTERIA ESTEVE GARRIDO S.L. b) They are suitable for the usual uses for which products of that type are intended. c) They are suitable for any special use required by the customer when notified to CESTERIA ESTEVE GARRIDO S.L. at the time of contracting, provided that the product is accepted as suitable for that use. d) They present the quality and performance that is usually expected from a product of the same type.
II) Responsibility of the PROVIDER CESTERIA ESTEVE GARRIDO S.L. will be responsible for any non-conformity at the time of delivery of the product. The PROVIDER acknowledges the USER’s right to repair, replace the product, or resolve the contract.
III) Repair and replacement of products
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If the product does not conform to the contract, the USER may choose between demanding a repair or replacement, unless one of these options is impossible or disproportionate. Once the USER notifies CESTERIA ESTEVE GARRIDO S.L. of the choice, both parties must comply. This decision is made without prejudice to what is established in the next section regarding cases where repair or replacement does not bring the product into conformity with the contract.
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Any form of remedy considered disproportionate is one that imposes on CESTERIA ESTEVE GARRIDO S.L. costs that are unreasonable compared to the alternative remedy, considering the value the product would have if there were no lack of conformity.
IV) Rules for the repair or replacement of the product The repair and replacement will follow these rules:
a) They will be free for the USER. b) They will be completed within a reasonable timeframe and without undue inconvenience for the USER, considering the nature of the products and their intended use for the USER.
12. APPLICABLE LAW AND JURISDICTION
These conditions will be governed by and interpreted in accordance with Spanish law, except where explicitly stated otherwise. The PROVIDER and the USER agree to submit any disputes that may arise from the provision of products or services under these Conditions to the courts and tribunals of the USER's domicile.
E-COMMERCE. Online Dispute Resolution
In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a platform for the online resolution of disputes between the USER and the PROVIDER, without the need to resort to courts, through the intervention of a third-party called the Dispute Resolution Body, which acts as an intermediary between both parties. This body is neutral and will engage with both parties to reach an agreement, eventually suggesting and/or imposing a solution to the dispute.
Link to the ODR platform: https://ec.europa.eu/consumers/odr/
E-COMMERCE (INFO). Information on Guarantees in the Sale of Consumer Goods
Goods regulated by law The Warranty Law applies to movable consumer goods, such as appliances, vehicles, furniture, objects of all kinds, and even works of art. By its nature, services and real estate are excluded.
The law excludes transactions between private individuals.