GENERAL CONDITIONS OF CONTRACT AND USE OF THE WEBSITE
1.- HOW TO BUY
Our website offers you a wide catalog of brands of FIREPLACES, STOVES AND BARBECUES, among other products.
Choose the product you want, and, once chosen, you can enlarge its image, where you will find the characteristics, the price with VAT and its availability. This is where you can “add to cart” the product, and the “cart” window will open. In this section you can choose the number of units you want.
In case you want to remove a product from your “cart”, you can do so on the same screen.
If everything is to your liking and you want to continue with the purchase, you must click on the “Formalize order” button, which will take you to enter all the data, both the invoice and the shipping data. If you are already a customer, enter your email and password to continue with your purchase. If you are not yet a customer of www.estufas-chimeneas.com, and to continue with the purchase, you must fill out a form providing all the information we require, in order to have your data (See Data Privacy Policy). and to be able to attend to your order, as well as to be able to communicate offers and news and changes to this website. Only if you fully agree with your purchase form, mark “I accept the conditions” and you can click on the “make payment” button. If you choose to “make the payment”, it is done through La Caixa's CIBERPAC platform, opening a La Caixa window. This screen shows all the possible payment methods that we have highlighted during the purchase process. At the time you choose each of them, you will be given the option of how to make the payment. ATTENTION: from this moment, and if you validate the payment, you will no longer be able to modify or cancel the order placed.
All our prices include VAT and are valid except for typographical errors.
2.- SHIPPING COSTS
Shipping costs may vary depending on the product and the shipping province; In any case, they appear on the order form, conveniently reflected, and, furthermore, on several occasions before making the payment.
3.- PAYMENT METHODS
• BANK TRANSFER
This type of payment can be made through the CIBERPAC system of the La Caixa company. It is considered a secure means of payment with the guarantees of La Caixa.
• CREDIT CARD.
This type of payment can be made by including the number of your bank card in the CIBERPAC system of the La Caixa company. It is considered a secure means of payment with the guarantees of La Caixa.
o CIBERPAC DE LA CAIXA
It is a payment platform that allows any business or company that wishes to sell over the Internet to offer a secure payment system, both for the business when collecting and for the customer when paying. The new Safe Purchase system allows customers who buy online to be safely identified. This system complies with the secure electronic commerce standards adopted by international card brands Visa and MasterCard to guarantee buyer ownership. Payment will be made by credit card, directly through La Caixa's Cyberpac service. At no time will www.comercialesteller.com store or process data relating to your credit card.
4.- CLAIMS AND CANCELLATIONS
If you are not satisfied with the products purchased at www.estufas-chimeneas.com, you may return them within a period of no more than 7 days, counted from receipt of the product. For any possible incident or claim, we recommend that you contact Customer Service, by phone: 977 737 606, or send an email to the address: info@comercialesteller.com. The refund of the amount will be made by credit, deducting the respective shipping and handling costs. The rules regarding returns (regulated by the Law of 15/1/96, number 7/1996), claims, guarantee and issuance of invoices are as follows: Returns will not be accepted for products that do not come:
• New and unworn
• In its original packaging and sealed
• With its guarantee and corresponding manuals
• With the invoice or sales receipt.
Claims for possible incidents, such as the product being delivered damaged, damaged, wrong, or for any other cause susceptible to a claim, must be made within a maximum period of 48 hours from receipt of the product and must always be noted in the delivery note from the carrier (without this it is impossible to claim damages from the transport agency), and send them to the email address info@comercialesteller.com or by telephone 977 737 606. In the case of requesting a refund of the amount, The customer must send the product within 7 days of receiving the order, and the return costs are borne by the customer (according to Law of 1/15/96 number 7/1996).
5.- FORMALIZATION OF THE ORDER
The customer who wants to make a purchase at www.comercialesteller.com must view the general purchase conditions that are included. The formalization of an order will be understood to be carried out under full acceptance of the general conditions of sale contained on the page. Together with the order you will receive an invoice issued by COMERCIAL ESTELLER SL
The products will be sent to the delivery address that you indicate, and within the stipulated deadlines according to the reflected shipping mode service.
6.- LEGAL INFORMATION ON ELECTRONIC COMMERCE
Validity and effectiveness of contracts entered into electronically Contracts entered into electronically will only be valid when consent and the other requirements necessary for their validity are met. When the law requires that the contract or any related information must be in writing, it will be sufficient for the contract or information to be contained in an electronic medium. Proof of contracts concluded electronically Proof of the conclusion of a contract electronically and of the obligations that arise from it will be subject to the general rules of the legal system and, where appropriate, to the provisions of the legislation on electronic signature. The electronic medium containing a contract concluded electronically will be admissible as documentary evidence in the event of a trial. Information prior to contracting The professional who carries out electronic contracting activities will have the obligation to inform the recipient in a clear, understandable and unequivocal manner, and, before starting the contracting procedure, about the following points:
a. The different procedures that must be followed to conclude the contract.
b. If the provider is going to archive the electronic document in which the contract is formalized and if it is going to be accessible.
c. The technical means that he puts at your disposal to identify and correct errors in the introduction of data.
d. The language or languages in which the contract may be formalized.
On the other hand, the provider will not have the obligation to provide the information indicated in the previous section when:
a. Both contracting parties so agree and neither of them is considered a consumer, or,
b. The contract has been concluded exclusively by exchange of email or other equivalent type of electronic communication; when these means are not used for the exclusive purpose of avoiding compliance with such obligation.
Offers Offers or procurement proposals made electronically will be valid for the period set by the offeror or, failing that, for as long as they remain accessible to the recipients of the service. Conditions of the contract Prior to the start of the contracting procedure, the service provider must make the conditions of the contract available to the recipient so that they can be stored and reproduced by the recipient. Personal data During the purchasing process, the virtual store will request the customer's personal data and a credit card number. It is necessary to ensure that the store complies with the law on automated processing of personal data and, consequently, reports on:
• The existence of a data file
• The identity and address of the person responsible for the file
• The purpose of data collection
• The consumer's right to consult their own data
• The consumer's right to cancel their own data
• The consumer's right to rectify your own data
In any case, before providing personal data and the credit card number, it is necessary to determine if the contract is going to be carried out in a secure environment, that is, if it is a secure website. Information after the conclusion of the contract Once the consumer has accepted the offer, the professional is obliged to confirm receipt of the acceptance by some means equivalent to that used in the contracting procedure. The most common thing is to send an acknowledgment of receipt by email within twenty-four hours of receiving the acceptance. The confirmation must be able to be archived by its recipient. It will be understood that the acceptance and its confirmation have been received when the parties to whom it is addressed can have proof of it. In the event that the receipt of the acceptance is confirmed by acknowledgment of receipt, it will be presumed that the recipient can have the aforementioned proof since it has been stored on the server where their email account is registered, or, on the device used to receive communications. It will not be necessary to confirm receipt of acceptance of an offer when:
a. Both contracting parties so agree and neither of them is considered a consumer, or,
b. The contract has been concluded exclusively by exchange of email or other equivalent type of electronic communication; when these means are not used for the exclusive purpose of avoiding compliance with such obligation.
Place of conclusion of the contract Contracts concluded electronically in which a consumer intervenes as a party will be presumed to have been concluded in the place where the consumer has his habitual residence.
Applicable law To determine the law applicable to electronic contracts, the provisions of the private international law standards of the Spanish legal system will be followed. Law 34/2002 applies to information society service providers established in Spain and to the services provided by them. It will be understood that a service provider is established in Spain when its residence or registered office is located in Spanish territory, provided that this coincides with the place where the administrative management and direction of its businesses are effectively centralized. Otherwise, the place where said management or direction is carried out will be taken into account. Likewise, this Law will apply to information society services that providers resident or domiciled in another State offer through a permanent establishment located in Spain. A provider will be considered to operate through a permanent establishment located in Spanish territory when it has, on a continuous or regular basis, facilities or workplaces in which it carries out all or part of its activity.
7.- FORM OF CONTRACT
For everything previously stated in this point COMERCIAL ESTELLER SL, through its website www.estufas-chimeneas.com, indicates to the users of this website that the contract that governs the commercial relationship between both parties, It is formalized with the order forms, and with the acceptance of payment, as well as with the delivery of the merchandise to the user's home. COMERCIAL ESTELLER SL, keeps a copy of this order form, at your disposal, at the registered office of the company, which is governed by Law 15/1999 on Protection of personal data, as indicated in the Privacy Policy. Privacy of personal data. If you need a copy of it, please request it conveniently through our email info@comercialesteller.com.