Terms of service
Terms and Conditions
GENERAL CONTRACTING CONDITIONS
This contractual document governs 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, understood, and comprehends the terms outlined here.
– Is a person with sufficient capacity to contract.
– Assumes all obligations outlined herein.
These conditions will have an indefinite validity period and will apply to all contracts made through the PROVIDER's website.
The PROVIDER informs that the business is responsible for and knowledgeable of the current legislation of the countries to which the products are sent and reserves the right to unilaterally modify the conditions, without affecting the goods or promotions acquired prior to the modification.
Parties Involved in the Contract
On one side, the provider of the goods or services contracted by the USER is CESTERIA ESTEVE GARRIDO S.L., with its registered office at Pol. Industrial Sector B, calle A parcela 5, 46691 VALLADA (Valencia), NIF B-96935945, and phone number 962257730.
On the other side, the USER, registered on the website with a username and password, is fully responsible for their use and custody, and is responsible for the accuracy of the personal data provided to the PROVIDER.
Purpose of the Contract
This contract aims to regulate the contractual relationship of sale between the PROVIDER and the USER when the latter accepts the corresponding box during the online contracting process.
The contractual relationship of sale involves the delivery, in exchange for a specified price publicly displayed on the website, of a specific 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. Therefore, 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), and 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 disclose them to third parties, as well as to notify the PROVIDER of their loss or theft or the possible unauthorized access by a third party, so that the PROVIDER can proceed with the immediate blocking.
Once the user account has been created, it is informed that in accordance with Article 27 of Law 34/2002, on Information Society Services and Electronic Commerce (LSSICE), the contracting procedure will follow the following steps:
1. General contract clauses.
2. Order submission.
3. Right of withdrawal.
4. Complaints.
5. Force majeure.
6. Jurisdiction.
7. Prices
8. Shipping costs
9. Payment methods
10. Purchase process.
11. Warranties and returns.
12. Applicable law and jurisdiction
1. GENERAL CONTRACT CLAUSES
Unless specifically stipulated in writing, placing an order with the PROVIDER will mean acceptance of these legal conditions by the USER. No stipulation made by the USER may differ from those of the PROVIDER unless expressly accepted in advance and in writing by the PROVIDER.
2. ORDER SUBMISSION
The PROVIDER will not send any orders until it has verified that the payment has been made.
Shipments of goods will usually be made by TORULINE EXPRESS courier.
Delivery dates or deadlines will be considered approximate, and any delay will not constitute a material breach.
The delivery time is typically between 48-72 HOURS.
The PROVIDER will not assume any responsibility when the delivery of the product or service is not completed due to false, inaccurate, 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 receipt document.
The USER is responsible for verifying the products upon receipt and stating all reservations and claims that may be justified on the receipt document.
If the contract does not involve the physical delivery of any product, being downloaded directly from the website, the PROVIDER will inform the USER beforehand about the procedure to follow to complete this download.
3. RIGHT OF WITHDRAWAL
The USER has the same rights and deadlines to return and/or claim possible defects or damages of the product or service, both online and offline.
The USER has a period of FIFTEEN natural 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:
1. If the product is not in perfect condition.
2. 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, and the use of seals and adhesive tapes directly applied to it is prohibited.
3. If the product is opened and cannot be demonstrated that it has not been used.
4. In the case of software applications directly downloaded from the portal.
5. When the products are personalized or those that, for hygiene reasons or other legally provided exceptions, are not subject to this right.
All returns must be communicated to the PROVIDER by email at cesteriaestevegarrdo@hotmail.com, indicating the invoice or order number.
Once the USER has received approval and instructions for the return, they will send the product to the PROVIDER, providing the delivery data and bearing the shipping costs, to the address CESTERIA ESTEVE GARRIDO S.L, Pol. Industrial Sector B, calle A parcela 5, 46691 VALLADA (Valencia).
4. COMPLAINTS
Any complaint that the USER considers appropriate will be addressed as quickly as possible and can be made to 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
The parties will not incur any liability for any failure due to force majeure. The fulfillment of the obligation will be delayed until the force majeure event 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 deemed void or impossible to fulfill, the validity, legality, and enforcement of the rest will not be affected in any way, nor will they suffer any modification.
The USER declares to have read, understood, and accepted these General Conditions in their entirety.
7. PRICES
The prices indicated for each product include Value Added Tax (VAT) or other applicable taxes, and these prices will be determined at the time of purchase. These prices, unless explicitly stated otherwise, do not include shipping, handling, packaging, shipping insurance, or any other additional services and extras related to the purchased product or service.
The applicable 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 fluctuate in real-time.
Before making a purchase, the USER can verify all details of the estimate 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 placed, the prices will remain fixed, whether the products are available or not.
Any payment made to the PROVIDER will result in the issuance of an invoice in the name of the registered USER or the corporate 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 by phone at 962257730 or via email at cesteriaestevegarrido@hotmail.com.
8. SHIPPING COSTS
The prices do not include shipping, communication, installation, or complementary services, unless expressly agreed in writing otherwise.
Shipping costs will be calculated when saving the cart or estimate.
The minimum shipping cost for the peninsula is 7.00 euros.
For Ceuta, Melilla, Balearic Islands, and Canary Islands, consult the shipping price by sending an email to the factory.
Free shipping for orders over 100 euros.
The prices mentioned do not include VAT, which will be charged at the time of purchase.
9. PAYMENT METHODS
The PROVIDER offers the following payment methods for placing an order:
• Bank transfer.
• Credit card
10. PURCHASE PROCESS
Cart (estimate simulation)
Any product from our catalog can be added to the cart. In it, only the items, quantity, price, and total amount will be shown. Once the cart is saved, taxes, charges, and discounts will be calculated based on the payment and shipping data entered.
The carts have no administrative binding; they are simply an area where a budget can be simulated without any commitment from either party.
From the cart, an order can be placed by following the steps below for proper formalization:
1. – Verification of billing information.
2. – Verification of shipping address.
3. – Selection of payment method.
4. – Place 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 business days, an email or instant message will be sent confirming the status of the order.
11. WARRANTIES AND RETURNS
The warranty for the offered products will comply with the following articles based on Law 23/2003 of July 10 on Guarantees of Sale of Consumer Goods:
I) Product Compliance with the Contract
1. Unless proven otherwise, the products will be considered compliant with the contract if they meet all the following requirements, unless one of them does not apply due to the circumstances of the case:
a) They match the description made by CESTERIA ESTEVE GARRIDO S.L.
b) They are suitable for the uses to which products of the same type are ordinarily destined.
c) They are suitable for any special use required by the customer when it has been communicated to CESTERIA ESTEVE GARRIDO S.L. at the time of contract conclusion, provided that it has been acknowledged that the product is suitable for that use.
d) They meet the quality and performance standards typically expected from a product of the same type, considering its nature and, where applicable, the descriptions of the specific characteristics of the products made by CESTERIA ESTEVE GARRIDO S.L.
II) PROVIDER's Responsibility
CESTERIA ESTEVE GARRIDO S.L. will be responsible to the USER for any lack of compliance that exists at the time of delivery of the product. CESTERIA ESTEVE GARRIDO S.L. acknowledges the USER's right to product repair, replacement, or contract termination.
III) Repair and Replacement of Products
1. If the product is not compliant with the contract, the USER may choose between demanding its repair or replacement, unless one of these options is impossible or disproportionate. Once the USER communicates the chosen option to CESTERIA ESTEVE GARRIDO S.L., both parties must adhere to it. This USER decision is without prejudice to the provisions in Article IV regarding cases where repair or replacement fails to bring the product into compliance with the contract.
2. Any form of remedy that imposes unreasonable costs on CESTERIA ESTEVE GARRIDO S.L. compared to the other remedy will be considered disproportionate, taking into account the value of the product if there were no lack of compliance, the significance of the lack of compliance, and whether the alternative remedy could be carried out without significant inconvenience to the USER.
IV) Rules for Repair or Replacement
Repair and replacement will follow these rules:
a) They will be free of charge for the USER.
This gratuity includes the necessary expenses incurred to correct the product's non-compliance with the contract, especially shipping costs, as well as labor and material costs.
b) They will be carried out within a reasonable period and without significant inconvenience to the USER, taking into account the nature of the products and their intended purpose for the USER.
12. APPLICABLE LAW AND JURISDICTION
These conditions will be governed or interpreted in accordance with Spanish legislation, except where expressly stated otherwise. The PROVIDER and the USER agree to submit any disputes arising from the provision of the products or services under these Conditions to the courts of the USER's domicile.
E-COMMERCE. Online Dispute Resolution (ODR)
According to Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for the online resolution of conflicts between the USER and the PROVIDER, without the need to go to court, through the intervention of a third party called the Dispute Resolution Body, who acts as an intermediary between both parties. This body is neutral and will dialogue with both parties to reach an agreement, and may eventually suggest and/or impose a solution to the conflict.
Link to the ODR platform: https://ec.europa.eu/consumers/odr/
E-COMMERCE (INFO). Information on Warranties in Consumer Goods Sales
Goods Regulated by Law
The Warranty Law applies to movable consumer goods, i.e., consumer goods such as household appliances, vehicles, furniture, objects of all kinds, including works of art. By definition, it excludes services and real estate.
The law excludes sales between individuals.