1. GENERAL INFORMATION
The ownership of this website, dehualdo.com, (hereinafter Website) is held by: Casas de Hualdo S.L, with NIF B16264129, and registered in the Mercantile Registry of Madrid; and whose contact details are:
- Address: Prolongación De Embajadores s/n, 28053, Madrid.
- Contact Email: email@example.com
This document (as well as all the documents mentioned herein) regulates the conditions governing the use of this Web Site (dehualdo.com) and the purchase or acquisition of products and/or services in it (hereinafter, Conditions). For the purposes of these Terms and Conditions, it is understood that the activity that Casas de Hualdo carries out through the Website includes:
- Online marketing of Casas de Hualdo products
By using this Website or by making and/or requesting the purchase of a product and/or service through it, the User agrees to be bound by these Conditions and by all of the above, so if he/she does not agree with all of the above, he/she should not use this Website.
Likewise, it is informed that these Conditions could be modified. The User is responsible for consulting them every time he/she accesses, navigates and/or uses the Website, since those in force at the time the purchase of products and/or services is requested will be applicable.
For all questions that the User may have in relation to the Conditions, he/she may contact the owner using the contact details provided above or, where appropriate, using the contact form.
2. THE USER
The access, navigation and use of the Web Site, confers the condition of user (hereinafter referred to, indistinctly, individually as User or jointly as Users), so they accept, from the moment they start browsing the Web Site, all the Conditions set forth herein, as well as its subsequent modifications, without prejudice to the application of the corresponding legal regulations of mandatory compliance as the case may be.
The User assumes responsibility for the correct use of the Website. This responsibility shall extend to:
- Make use of this Website only to make inquiries and legally valid purchases or acquisitions.
- Not to make any false or fraudulent purchase. If it could reasonably be considered that such a purchase has been made, it may be cancelled and the relevant authorities will be informed.
- To provide truthful and lawful contact details, e.g. e-mail address, postal address and/or other details (see Legal Notice and General Conditions of Use).
The User declares to be over 18 years of age and to have legal capacity to enter into contracts through this Website.
The Web Site is primarily intended for Users residing in mainland Spain. Casas de Hualdo makes no representation that the Website complies with the laws of other countries, either in whole or in part. Casas de Hualdo disclaims any liability that may arise from such access, nor does it guarantee delivery or provision of services outside Spain.
The User may enter into a sales contract with Casas de Hualdo in any of the languages in which these Terms and Conditions are available on this Web Site.
3. PURCHASE OR ACQUISITION PROCESS
Duly registered Users may purchase on the Website by the means and in the manner established. They should follow Casas de Hualdo's online purchase and/or acquisition procedure during which several products can be selected and added to the cart, basket or final purchase space and, finally, click on: "FINALIZE PURCHASE".
Likewise, the User must fill in and/or check the information requested at each step, although, during the purchase process, before making the payment, the purchase data can be modified.
Subsequently, the User will receive an e-mail confirming that Casas de Hualdo has received his/her order or request for purchase and/or provision of the service, i.e., confirmation of the order. And, if applicable, you will also be informed by e-mail when your purchase is being shipped. Where appropriate, this information may also be made available to the User through his or her personal connection space on the Website.
Once the purchase procedure has been completed, the User consents to the Website generating an electronic invoice. Likewise, the User may, if he/she so wishes, obtain a copy of his/her digital invoice by requesting it during the purchase process from Casas de Hualdo using the contact spaces on the Website or through the contact details provided above.
The User acknowledges being aware, at the time of purchase, of certain particular conditions of sale that concern the product in question and that are shown next to the presentation or, where appropriate, image of the product on its page on the Website, indicating, by way of example, but not exhaustive, and on a case-by-case basis: name, price, components, quantity, details of the products, or characteristics, way in which they will be carried out and/or cost of the services; and acknowledges that the placement of the purchase order or acquisition materializes the full and complete acceptance of the particular conditions of sale applicable to each case.
Unless expressly stated otherwise, Casas De Hualdo is the manufacturer of the products sold or that may be marketed on the Web Site. Although Casas de Hualdo makes every effort to ensure that the information shown on the Website is correct, sometimes the packaging and/or materials and/or components of the products may contain additional or different information from that shown on the Website. Therefore, the User must not only consider the information provided by the Website, but also the information available on the labeling, warnings and/or instructions accompanying the product.
All purchase orders received by Casas de Hualdo through the Website are subject to the availability of the products and/or that no circumstance or cause of force majeure (clause nine of these Conditions) affects the supply of the products and/or the provision of the services. Should difficulties arise in the supply of products or should there be no products in stock, Casas de Hualdo undertakes to contact the User and reimburse any amount that may have been paid by way of payment. This shall also apply in cases where the provision of a service becomes unfeasible.
5. PRICES AND PAYMENT
The prices displayed on the Website are the final prices, in Euros (€) and include taxes, unless, by legal requirement, especially with regard to VAT, a different matter is indicated and applied.
Shipping costs are included in the final prices of the products as shown on the Website. Thus, Casas de Hualdo provides delivery and/or shipping services through courier agencies.
Under no circumstances will the Website automatically add additional costs to the price of a product or service, but only those that the User has voluntarily and freely selected and chosen.
Prices may change at any time, but possible changes will not affect orders or purchases for which the User has already received an order confirmation.
The accepted means of payment will be: Credit or debit card, PayPal and Bank Transfer. Credit cards will be subject to verifications and authorizations by the issuing bank. If the issuing bank does not authorize payment, Casas de Hualdo will not be responsible for any delay or non-delivery and will not be able to formalize any contract with the User.
Once Casas de Hualdo receives the purchase order from the User through the Website, a pre-authorization will be made on the corresponding card to ensure that there are sufficient funds to complete the transaction. The charge on the card will be made at the time that the User is sent confirmation of shipment and/or confirmation of the service being provided in the manner and, where appropriate, place established.
In any case, by clicking on "FINISH PURCHASE" the User confirms that the payment method used is his or her own or that, if applicable, he or she is the legitimate holder of the gift card or subscription card.
Purchase orders or purchases in which the User selects bank transfer as the method of payment will be reserved for 5 calendar days from the order confirmation in order to allow sufficient time for the bank transfer to be taken into account by the payment system used by Casas de Hualdo for the Website. When the system receives the transfer, the order will be prepared and processed for shipment.
Using this payment method, the User must ensure that he/she correctly enters the exact amount of the purchase order, as well as the account number and the transfer reference. In case of error, Casas de Hualdo will not be able to validate the order, which will be cancelled.
In those cases, in which it is necessary to make the physical delivery of the contracted goods, deliveries will be made within the following territory: mainland Spain.
Except in those cases where there are unforeseen or extraordinary circumstances or, where appropriate, arising from the customization of the products, the purchase order consisting of the products listed in each purchase confirmation will be delivered within the period indicated on the Website according to the shipping method selected by the User and, in any case, within a maximum period of 30 calendar days from the date of order confirmation.
If Casas de Hualdo is unable to meet the delivery date for any reason for which it is responsible, it will contact the User to inform him/her of this circumstance and the User may choose to proceed with the purchase by setting a new delivery date or cancel the order with a full refund of the price paid. In any case, home deliveries are made on working days.
If it is impossible to deliver the order due to the absence of the User, the order may be returned to the warehouse. However, the carrier will leave a notice explaining where the order is and how to get it delivered again.
If the User is not going to be at the place of delivery, he/she should contact the logistics provider to arrange delivery on another day.
If 30 days have elapsed since the order has been available for delivery, and it has not been delivered for reasons not attributable to the courier agency, Casas de Hualdo will understand that the User wishes to withdraw from the contract and the contract will be considered terminated. As a consequence of the termination of the contract, all payments received from the User will be refunded, with the exception of the additional costs resulting from the User's own choice of a delivery method other than the least expensive ordinary delivery method offered by the Website, without any undue delay and, in any case, within a maximum period of 14 days from the date on which the contract is deemed to be terminated.
However, the User must bear in mind that the transport derived from the termination may have an additional cost that may be passed on to the User.
For the purposes of these Conditions, it will be understood that the delivery has taken place or that the order has been delivered at the moment in which the User or a third party indicated by the User acquires the material possession of the products, which will be accredited by the signature of the reception of the order at the agreed delivery address.
The risks that may arise from the products shall be borne by the User from the time of delivery. The User acquires ownership of the products when Casas de Hualdo receives full payment of all amounts due in relation to the purchase or acquisition made, including shipping costs, or at the time of delivery, if this takes place at a later time than the full receipt of the amount paid by Casas de Hualdo.
In accordance with the provisions of Law 37/1992 of 28 December 1992 on Value Added Tax (VAT), purchase orders for delivery and/or service shall be understood to be located in the territory where Spanish VAT applies if the delivery address is in Spanish territory except for the Canary Islands, Ceuta and Melilla. The applicable VAT rate shall be that legally in force at any given time depending on the specific item in question.
7. TECHNICAL MEANS TO CORRECT ERRORS
The User is informed that in the event that he/she detects that an error has occurred when entering data necessary to process his/her purchase request on the Website, he/she may modify such data by contacting Casas de Hualdo through the contact spaces provided on the Website, and, if applicable, through those provided for contacting customer service, and/or by using the contact data provided in the first clause (General Information). Likewise, this information could also be corrected by the User through his personal space of connection to the Website.
In any case, the User, before clicking on "FINISH PURCHASE", has access to the space, cart, or basket where his purchase requests are recorded and can make modifications.
Similarly, the User is referred to consult the Legal Notice and General Conditions of Use for more information on how to exercise their right of rectification as established in the Organic Law 3/2018 on the Protection of Personal Data.
8. RETURNS AND PRODUCT WARRANTY
The consumer and/or user will have a period of 14 calendar days from the date of receipt of the product for the return of the same without having to indicate the reason and without incurring any cost except for the costs related to shipping which will be borne by the consumer and/or user. The following exceptions are established (among others) in the exercise of the right of withdrawal and that are expressly included in the Law on consumers and users, which are:
- The supply of goods made according to the specifications of the consumer and/or user or clearly personalized.
- The supply of goods that may deteriorate or expire quickly.
- The supply of sealed goods which are not suitable for return for reasons of health protection or hygiene and which have been unsealed after delivery.
- The supply of goods which after delivery and taking into account their nature have been inseparably mixed with other goods.
The refund will be made by the same method of payment with which the user made the purchase.
The returned product must be in the same condition in which it was received, i.e. in perfect condition and of course cannot be damaged, beaten or with evidence of use that prevent the sale of the same product again. In order to ship the product, it must be sent in an appropriate packaging that will protect it during the shipment.
The User, as a consumer and user, enjoys guarantees on the products that can be purchased through this Website, in the terms legally established for each type of product, Casas de Hualdo being liable, therefore, for the lack of conformity of the same that is manifested within 30 days from the delivery of the product.
In this sense, it is understood that the products are in conformity with the contract provided that: they conform to the description made by Casas de Hualdo and possess the qualities presented therein; they are suitable for the uses to which products of the same type are ordinarily put; and they present the usual quality and performance of a product of the same type and that they are fundamentally expected of the same. When this is not the case with respect to the products delivered to the User, the User must proceed as indicated in the section Return of defective products or error in shipment. However, some of the products that are marketed on the Website, could present non-homogeneous characteristics as long as these are derived from the type of material with which they have been manufactured, and therefore will be part of the individual appearance of the product, and will not be a defect.
9. DISCLAIMER OF LIABILITY
Unless otherwise provided by law, Casas de Hualdo will not accept any liability for the following losses, regardless of their origin:
- Any losses that were not attributable to any breach by you.
- Business losses (including loss of profits, loss of revenue, loss of contracts, loss of anticipated savings, loss of data, loss of goodwill or unnecessary expenses incurred).
- Any other indirect loss that was not reasonably foreseeable by both parties at the time the contract of sale of the products was formalized between both parties. Casas de Hualdo also limits its liability in the following cases:
- Casas de Hualdo applies all measures concerning to provide a faithful visualization of the product on the Website, however it is not responsible for the slightest differences or inaccuracies that may exist due to lack of screen resolution, or problems of the browser being used or others of this nature.
- Casas de Hualdo will act with the utmost diligence in order to provide the company in charge of transporting the product that is the object of the purchase order. However, Casas Hualdo shall not be liable for damages resulting from transport malfunctions, especially for causes such as strikes, road delays and, in general, any other causes typical of the sector, which result in delays, losses or theft of the product.
- Technical failures that for fortuitous or other causes, prevent a normal operation of the service through the Internet. Lack of availability of the Web Site due to maintenance or other reasons, which prevents the availability of the service. Casas de Hualdo makes every effort to carry out the process of purchase, payment and shipping/delivery of the products, however Casas de Hualdo disclaims any liability for causes not attributable to it, acts of God or force majeure.
- Casas de Hualdo will not be held responsible for the misuse and/or wear and tear of the products that have been used by the User. At the same time, the shipping agency will not be responsible for an erroneous return made by the User. It is the responsibility of the User to return the correct product.
- In general, Casas de Hualdo shall not be liable for any failure or delay in the performance of any of the obligations assumed, when the same is due to events beyond our reasonable control, i.e. due to force majeure, and this may include, but is not limited to: o Strikes, lockouts or other industrial action. o Civil commotion, revolt, invasion, terrorist threat or attack, war (declared or not) or threat or preparation for war. o Fire, explosion, storm, flood, flood, earthquake, subsidence, epidemic or any other natural disaster. o Inability to use trains, ships, aircraft, motor transport or other means of transport, public or private. o Inability to use public or private telecommunication systems. o Acts, decrees, legislation, regulations or restrictions of any government or public authority. In this way, the obligations will be suspended during the period in which the cause of force majeure continues, and Casas de Hualdo will have an extension of time to fulfill them for a period of time equal to the duration of the cause of force majeure. Casas de Hualdo will use all reasonable means to find a solution that will allow us to fulfill our obligations despite the force majeure.
10. WRITTEN COMMUNICATIONS AND NOTIFICATIONS
By using this Website, the User agrees that most communications with Casas de Hualdo will be electronic (e-mail or notices posted on the Website).
For contractual purposes, the User consents to use this electronic means of communication and acknowledges that all contracts, notices, information and other communications that Casas de Hualdo sends electronically comply with the legal requirements of being in writing. This condition shall not affect the rights recognized by law to the User.
The User may send notifications and/or communicate with Casas de Hualdo through the contact information provided in these Terms and Conditions and, if applicable, through the contact areas of the Website.
Likewise, unless otherwise stipulated, Casas de Hualdo may contact and/or notify the User by e-mail or at the postal address provided.
No waiver by Casas de Hualdo of any specific legal right or action or failure by Casas de Hualdo to require strict performance by the User of any of its obligations shall constitute a waiver of any other rights or remedies arising from a contract or the Conditions, nor shall it release the User from the performance of its obligations.
No waiver by Casas de Hualdo of any of these Conditions or of any rights or actions arising from a contract shall be effective unless it is expressly stated to be a waiver and is formalized and communicated to the User in writing.
If any of the present Conditions were declared null and void by a final decision issued by a competent authority, the rest of the clauses will remain in force, without being affected by such declaration of nullity.
13. ENTIRE AGREEMENT
These Terms and Conditions and any document expressly referred to herein constitute the entire agreement between the User and Casas de Hualdo in relation to the object of sale and replace any other pact, agreement or previous promise agreed verbally or in writing by the same parties.
The User and Casas de Hualdo acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except for what is expressly mentioned in these Conditions.
14. DATA PROTECTION
The information or personal data provided by the User to Casas de Hualdo in the course of a transaction on the Website will be treated in accordance with the provisions of the data protection policies available on the Website. By accessing, browsing and/or using the Website, the User declares that all information or data provided is true.
15. APPLICABLE LAW AND JURISDICTION
The access, navigation and/or use of this Website and the contracts for the purchase of products through it shall be governed by Spanish law.
Any controversy, problem or disagreement arising from or related to the access, browsing and/or use of the Website, or to the interpretation and execution of these Conditions, or to the sales contracts between Casas de Hualdo and the User, shall be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.
16. COMPLAINTS AND CLAIMS
The User may send Casas de Hualdo his/her complaints, claims or any other comments he/she may wish to make through the contact information provided at the beginning of these Terms (General Information).
Casas de Hualdo also has official complaint forms available to consumers and users, which they can request from Casas de Hualdo at any time, using the contact information provided at the beginning of these Terms and Conditions (General Information).
Likewise, if a dispute should arise from the conclusion of this purchase contract between Casas de Hualdo and the User, the User as a consumer may request out-of-court dispute resolution, in accordance with EU Regulation No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution in consumer matters. You can access this method through the website: http://ec.europa.eu/consu