General sales conditions
Important warning: we advise you to read carefully the content of this contract that will regulate the legal relationship established between the users of the Web Portal and PISUKA CREACIONES S.L.
FIRST.- PREVIOUS INFORMATION
These general conditions of sale expressly regulate the relationships that arise between PISUKA CREACIONES S.L. and third parties (hereinafter "Clients") who place an order for the products marketed or contract any of the services offered by PISUKA CREACIONES S.L. through its web portal located at http://www.piessucios.es (hereinafter "Portal"). Likewise, the particular conditions and any other specific agreement or contract that may be established between both parties will apply.
These General Conditions have been prepared in accordance with the provisions of Law 34/2002, on services of the information society and electronic commerce, Law 7/1998 on General Contracting Conditions, and Royal Legislative Decree 1 / 2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws and other applicable regulations on electronic commerce.
PISUKA CREACIONES S.L. informs that the necessary procedures to access the provision of the services offered by it will be those described in these general conditions, as well as those other specific ones that are indicated on the screen while browsing the Portal, so that the Client, With its action on the Portal, it declares to know and accept said procedures as necessary to access the services offered therein.
The Client agrees to provide truthful, accurate and adequate information at all times for his necessary identification and access to the services offered by PISUKA CREACIONES S.L., being their sole and exclusive responsibility the authenticity and accuracy of the same. Any modification or correction of the data provided by the Client during navigation must be carried out in accordance with the indications that may be included in the Portal for this purpose.
These conditions are exclusively applicable to consumers, without the resale of the purchased products being permitted under any circumstances.
Placing an order implies acceptance of these General Conditions of Sale by the Client, as well as any other specified in the order itself.
SECOND.- PRODUCTS OFFERED, AVAILABILITY, ORDERS AND PURCHASE PROCESS
Description of Products, prices and availability:
PISUKA CREACIONES S.L. makes available to Customers various products consisting of footwear and accessories (hereinafter “the Products”).
The Products offered by PISUKA CREACIONES S.L. They will appear indicated on the Portal, with an indication of their characteristics, availability and final price (indirect taxes, expenses and the price of additional services included), being therefore available to the Client prior to their order. Prices and availability are valid except for end of stock or typographical error. The photographs, graphics and product descriptions are only indicative and do not in any way bind PISUKA CREACIONES S.L.
The purchase of any of the products offered by PISUKA CREACIONES S.L. It will imply that it will only be obliged to comply with the General Conditions of Sale established herein, in accordance with the products described.
PISUKA CREACIONES S.L. You can only respond for or in relation to the provision of the products if the defects or irregularities are a direct consequence of any willful, guilty or negligent act directly and exclusively attributable to PISUKA CREACIONES S.L.
Regarding the subjective scope, the contracting of the Services provided by PISUKA CREACIONES S.L. Through the Web Portal it is exclusively addressed to those over 18 years of age.
PISUKA CREACIONES S.L. reserves the right to withdraw any product from the Portal at any time and to remove or modify any material or content thereof.
PISUKA CREACIONES S.L., given the possibility of exceptional circumstances that prevent satisfying all orders, reserves the right to reject the processing of any order at any time in its sole discretion, even after having been confirmed to the Customer.
Customers can place their orders through the procedure established in the Portal.
Once the registration process is completed, the Client will receive a username and password, which they must keep under their sole responsibility, and from then on can access the registered users area where they can manage their personal data. Once the registration process has been successfully completed, the corresponding confirmation by email / sms or any other means of communication enabled by PISUKA CREACIONES S.L. and accepted by the Client. In this sense, the Client expresses his express consent to receive communications from PISUKA CREACIONES S.L. related to their services, promotions and advantages, which are necessary for the provision of said Services or their management, by electronic means (email, SMS, electronic messaging).
The invoices, by default, will be sent to the email address indicated by the client at the time of purchase or registration on the Portal. If the client wants the invoice to be delivered in any other way, he must notify PISUKA CREACIONES S.L.
THIRD.- ENTRY INTO FORCE OF THE GENERAL CONDITIONS OF SALE
This General Conditions of Sale document will come into effect from the moment the Client accesses the Portal of PISUKA CREACIONES S.L. From that moment, said clients declare that they accept and adhere fully and unconditionally to the stipulations contained in these General Conditions of Sale.
In accordance with the provisions of article 5.3 of Law 7/1998, of April 13, general contracting conditions PISUKA CREACIONES S.L. guarantees that it has previously exposed these General Conditions of Sale to the generality of potential Clients, before the date that they could buy any Product, regardless of the fact that in order to make any registration or purchase request it will be necessary to previously accept them .
FOURTH.- OBLIGATIONS OF PISUKA CREACIONES S.L.
PISUKA CREACIONES S.L., by virtue of these general conditions of sale, undertakes with Clients to the following obligations:
- Provide the Client, both before and after registration, the information that the latter requires in relation to the provision of the specific products sold / services provided by PISUKA CREACIONES S.L. within the framework of the stipulated by the applicable regulations and the present general conditions of sale.
- Diligently perform the tasks necessary and necessary for the provision of products or the provision of services.
- Observe due diligence and attention in the provision of the services of PISUKA CREACIONES S.L. and in its relationship with its clients, as well as looking after their interests.
- Provide the Client with communication channels so that they can contact PISUKA CREACIONES S.L. in relation to any incident or query related to the products / services provided by PISUKA CREACIONES S.L ..
- Respond for the quality and qualities of the products offered by PISUKA CREACIONES S.L. and that they are within its exclusive capacity of control and / or direction.
FIFTH.- CLIENT'S OBLIGATIONS
The Client registered in the Portal in general, and any client or person who accesses the same, register or request services provided by PISUKA CREACIONES S.L. In application of these general conditions of sale, it undertakes to comply with the following obligations:
- Provide all the information and data necessary for registration or for the request or provision of services provided by PISUKA CREACIONES S.L., committing to provide accurate, updated and true information.
- Pay the price for the products / services provided by PISUKA CREACIONES S.L. in accordance with the provisions of the corresponding section of these general conditions of sale and on the Portal.
- Keep your identification data and in particular the information necessary for the processing of payment to PISUKA CREACIONES S.L .. updated at all times.
SIXTH.- PRICE, MEANS OF PAYMENT, DELIVERY OF ASSETS, GUARANTEE AND WITHDRAWAL
The price of the products of PISUKA CREACIONES S.L. It will be that established in the section of the Web Portal intended for this purpose and will be expressed in Euros (€). This price will be available at all times to the Client through their access to the PISUKA CREACIONES S.L.
In any case, the Client, prior to the formalization of the order, will have access to the total amount of the products, shipping costs, applicable taxes and any other concept that may be included.
The price of the product may be modified unilaterally and at any time by PISUKA CREACIONES S.L. proceeding to publish the update of the same in the Portal within the products section of the same.
The prices in force for each purchase process through the portal will be those that appear at that time published in the section of the Portal related to it, except for typographical errors. PISUKA CREACIONES S.L. You will not be obliged to supply any Product at an incorrect lower price if the price error is obvious and unequivocal.
Customers may proceed to pay the order price through any of the following means included in the PISUKA CREACIONES S.L.Web Portal:
- Bank transfer: to the account number indicated to the Client during the purchase process.
Delivery of the goods:
The Products purchased by the Client through the Portal of PISUKA CREACIONES S.L. They will be made available to them in the place that the Client has indicated for this purpose. The terms of delivery of Products are reflected in this Contract.
If PISUKA CREACIONES SL, for any reason, is unable to meet the delivery date, the Customer will be informed of this circumstance and will have the option to proceed with the purchase by establishing a new delivery or to cancel the order with the corresponding total refund of the price paid.
In the event that 15 days after your order is available for delivery and the order has not been delivered for a reason not attributable to PISUKA CREACIONES S.L., it will be understood that the Client wishes to withdraw from the Contract and we will consider it resolved. As a consequence of the termination of the Contract, the price paid for the Products will be returned to you as soon as possible, and PISUKA CREACIONES S.L is authorized to pass on to the Client the costs derived from shipping the Products and terminating the Contract.
PISUKA CREACIONES, S.L. is obliged to answer to the Client for any lack of conformity that exists at the time of delivery of the product. It will be understood that the products are compliant when the requirements established in art. 116 of the TRLGDCU.
The seller's liability and consumer rights regime will be regulated by what is established in Chapter II of Title V of the TRLGDCU.
In accordance with the provisions of current legislation, the seller is liable for non-conformities for a period of two years from the date of delivery, under the conditions stipulated in art. 123 and 124 of the TRLGDCU.
The products marketed in the Portal have a useful life of less than two years, so for the application of the warranty terms, the use that the Customer has made of the Product during that time must be taken into account to determine if the failure of conformity is of origin or is due to normal wear and tear of the product.
Customer's right of withdrawal:
In accordance with article 71 and concordant of the General Law for the Defense of Consumers and Users and other complementary laws, approved by the Royal Decree
Legislative 1/2007, of November 16 in the wording given by Law 3/2014, of March 27, the Client has a period of fourteen (14) calendar days to freely exercise the right of withdrawal on the order object of the present general conditions of sale. To exercise the right of withdrawal, the Client must notify PISUKA CREACIONES S.L. by any of the means specified in the contact page within the established period.
PISUKA CREACIONES SL, since it is a contract concluded remotely and in accordance with article 108 General Law for the Defense of Consumers and Users, may pass on to the Client who exercises the right of withdrawal the amount of the direct costs of the return of the goods.
The Client is responsible for the decrease in the value of the Products that results from handling other than that necessary to establish the nature and characteristics of the goods. Specifically, given the nature of the Products offered on the Portal, the return of any product that has been used and / or is not returned with all its original packaging and labels will not be accepted.
The details of the withdrawal process are reflected on the Shipping, exchange and return conditions.
The Client will not have the right of withdrawal on personalized products or those sealed for hygiene reasons that have been unsealed after delivery.
The Client will be solely and exclusively responsible for the veracity, adequacy and accuracy of all the data and statements that it includes in the forms that it sends to PISUKA CREACIONES S.L. in order to process your registration as a client or any other communication that you issue for any purpose, this being addressed to PISUKA CREACIONES S.L. In this way, the Customer will be solely responsible for any omission, inaccuracy or error made when filling in the data required to place orders for Products offered by PISUKA CREACIONES S.L.
The mere sending by the Client of an order form does not necessarily imply acceptance of it by PISUKA CREACIONES S.L. as long as it has not verified the accuracy of the information and any other extreme required for its benefit.
PISUKA CREACIONES S.L. will not be responsible for the content, quality, qualities or performance of third party professionals or companies.
PISUKA CREACIONES S.L. will make its best efforts in order to ensure the technical availability of the services and the adequate transmission of information, always to the best of its ability. Notwithstanding the foregoing, due to the nature of the Internet, it is not possible to guarantee these extremes absolutely.
PISUKA CREACIONES S.L. will not be responsible for damages of any nature that may eventually arise from: the interruption of operation or lack of availability of its website; the privacy and security of the website regarding its use by the Client, and / or the unauthorized access of unauthorized third parties; the accuracy, updating and exhaustiveness of the contents of the web; the possible transmission of software or other elements that negatively affect computer systems; any other indirect or consequential loss or damage that was not reasonably foreseeable by both parties at the time the Client requested the services of PISUKA CREACIONES S.L .; the delay in the provision of the services offered insofar as said delay or lack of compliance is due to circumstances beyond the control of PISUKA CREACIONES S.L.
The responsibility of PISUKA CREACIONES S.L. in relation to any Product purchased on the Portal, it will be strictly limited to the purchase price of said product, except in cases where such limitation is illegal or unlawful.
NINTH.- GUARANTEES OF PISUKA CREACIONES S.L.
PISUKA CREACIONES S.L. undertakes to respect the legal guarantee of the products and services that are offered on its portal in accordance with the provisions of applicable law.
Shipping costs will be managed in accordance with the provisions of the sixth clause on price, means of payment, delivery of goods and withdrawal, as well as with applicable legislation.
PISUKA CREACIONES S.L. undertakes to make its best efforts available to its clients in order to achieve excellence in the provision of its services.
In this sense, PISUKA CREACIONES S.L. undertakes to diligently process the claims or complaints that its clients, as well as, where appropriate, to send them to the suppliers that may have incurred in some type of irregularity in the provision of the service, although the latter will be the responsible for breaching their own duty of business diligence.
Neither PISUKA CREACIONES S.L. Neither the Client, will reveal to a third party any type of confidential information, trade secrets, economic data, know-how, working methods, personal data or any document of either party that carries a statement of confidentiality, or that from its nature its confidentiality is deduced, which it has received from the other party in relation to the provision of the intermediation services object of these general conditions of sale. This prohibition will have no effect on one party if it has the prior written consent of the other party.
The parties agree to take the necessary precautions to keep the secret nature of the information of a confidential nature of the other, such as the one it usually adopts for its own information of this nature. They are also obliged to communicate such information only to employees or people who, due to their position and function, need to know them in order to carry out their work. In any case, they will be warned of the confidential nature of this information and their responsibility in the event of unlawful disclosure.
The limitations established in the previous section will not be applicable to information that:
(i) are regularly known without being confidential or that were published on the website of PISUKA CREACIONES S.L. without being restricted access;
(ii) they were in the public domain or generally accessible to the public, for a reason other than the violation of this clause;
(iii) it is obtained from a third party who is not obliged to keep confidentiality in relation to the information;
(iv) whose disclosure by the recipient is legally required.
ELEVENTH.- PRIVACY AND COMMERCIAL COMMUNICATIONS
Personal data protection:
PISUKA CREACIONES S.L. In its commitment to guarantee the confidentiality of the information of its users and clients, it complies with the obligations established in Organic Law 15/1999, of December 13, on the Protection of Personal Data as well as in Royal Decree 1720/2007 of December 21, which approves the Regulation for the development of Organic Law 15/1999, of December 13, on the protection of personal data and other applicable regulations.
PISUKA CREACIONES S.L. may send the Client communications related to its products / services, promotions and advantages, both by post and by electronic means (email, SMS, electronic messaging) in order to inform the Client in relation to these aspects. By accepting these conditions, the Client expresses his consent to receive such communications. Notwithstanding the foregoing, the Client may at any time and in a simple and free manner express his opposition to continue receiving commercial communications, for which he must only send to PISUKA CREACIONES S.L. a communication indicating your willingness to unsubscribe regarding the remission of these communications, by postal mail to the address listed in the Legal Notice or via email or the private area of the PISUKA CREACIONES S.L. prior accreditation of your identity through a national identity document or equivalent.
TWELVE SECOND.- SECURITY MEASURES
PISUKA CREACIONES SL, is aware of the impossibility of guaranteeing the absolute invulnerability of computer systems and communication networks, but nevertheless it undertakes to make its best efforts available to users in order to guarantee the security and availability of the information hosted on their servers.
Thus, among other measures, PISUKA CREACIONES S.L. undertakes to provide a username and password to all customers who register on the Portal; also guaranteeing the encryption of the information provided in relation to the services that require it by their nature. For this, the information encryption security protocol (“https:”) will be implemented, to which additional security measures and guarantees may be added through third parties, depending on the service requirements.
THIRTEENTH.- ASSIGNMENT AND / OR SUBROGATION OF THE SERVICES
PISUKA CREACIONES S.L. may contract or collaborate with subcontractors, professionals or external agents, as well as assign all or part of the contracts or rights formalized to third parties, to carry out the provision of all or part of the services governed by these general conditions of sale .
PISUKA CREACIONES S.L. undertakes to communicate, through the communication channels enabled for its relations with clients and described in these general conditions, the aforementioned assignment of contracts or rights to third parties.
FOURTEENTH.- END OF SERVICE. TERMINATION AND CONTRACT RESOLUTION
The service will be understood as provided when PISUKA CREACIONES S.L. proceed to send the product / provide the service object of these general conditions of sale.
Likewise, in the event that the service has not been provided or sent the product, either for circumstances attributable to PISUKA CREACIONES SL, for commercial reasons or of any other nature not attributable to the Client, it will be understood that said service has ended with the return of the amount of the same that the Client, if applicable, had previously paid to PISUKA CREACIONES SL.
The contract will expire when both parties comply with the obligations to which they undertake, exhausting its object, or when it is resolved by either of them if any of the causes provided for in the Civil Code resolution occurs.
This general conditions contract may be terminated by any of the parties if the counterparty seriously breaches any of the obligations established therein.
FIFTEENTH.- NOTIFICATIONS AND COMMUNICATIONS BETWEEN THE PARTIES
The notifications, communications and advance notice made between the parties to these general conditions of sale must be sent by any means (postal mail, fax, email, telephone, etc.) that allows the identification of the sender and the integrity and authenticity of the information provided. In this sense, the prior identification of the Client will be required through their National Identity Document or any other that replaces it.
In particular, the Client may send their communications and / or incidents in relation to any aspect related to the provision of the services provided by PISUKA CREACIONES S.L. to the email address, postal address and / or telephone number that appears on the page "Legal Notice"; to the contact form available on the website of PISUKA CREACIONES S.L .; or through the customer area of the PISUKA CREACIONES S.L.
SIXTEENTH.- RELATIONSHIP WITH OTHER CONTRACTS AND SPECIAL CONTRACTS
The relationship between the Client and PISUKA CREACIONES S.L. is governed by these General Conditions of Sale, regardless of the validity of the Legal Notice and any other legal text that regulates the conditions of use of the PISUKA CREACIONES SL web portal, which will be applied as a substitute, and in what does not contradict these General Conditions .
Without prejudice to the provisions of the previous section, for the provision of certain services, the approval by the Client of other specific or particular General Conditions for said service may be established. In such case, the aforementioned General Conditions or specific Agreements will be applied preferentially to the relationship between the Client and PISUKA CREACIONES S.L., and only in a supplementary manner and where not Contradict these General Conditions.
SEVENTH SEVENTH.- INVALIDITY AND PARTIAL NULLITY
In the event that any of the stipulations of these general conditions of sale were considered null or inapplicable, in whole or in part, by any Court or Court of Justice or competent administrative body, said nullity or inapplication will not affect the remaining stipulations of these general conditions of sale, which will retain their full validity and binding effectiveness for the Parties.
EIGHTEENTH.- STAMPS OF CONFIDENCE AND SUBMISSION CONSUMPTION ARBITRAL BOARD
PISUKA CREACIONES S.L. makes its mandatory consumer complaint forms available to its Clients.
Likewise, on the website of PISUKA CREACIONES S.L. it will proceed to inform of its affiliation to the corresponding consumer codes and trusted seals in order to guarantee the highest quality in the provision of its services and the safety of its Clients.
PISUKA CREACIONES S.L., in compliance with art. 14 of Regulation (EU) 524/2013, makes available to the customer access to the European Consumer Conflict Resolution Portal, accessible at the following link, in order to manage the resolution of possible controversies that arise in the legal relationship between the parties.
NINETEENTH.- APPLICABLE LAW AND COMPETENCE OF JURISDICTIONAL BODIES
The Client agrees to make correct and appropriate use of the services and the Portal PISUKA CREACIONES S.L. in accordance with the Law, with these General Conditions and the Legal Notice, as well as with the other conditions, regulations and instructions that, where appropriate, may be applicable.
These general conditions of sale are governed by Spanish legislation, with the Spanish Courts and Tribunals being competent to hear any questions that may arise in relation to interpretation, application and compliance. The Client expressly waives any other jurisdiction that, by application of the current Law, may correspond to him and voluntarily submits to the jurisdiction of the Courts and Tribunals of the city of Murcia.