Introduction
This contractual document will govern the General Conditions of contracting products or services (hereinafter, "Conditions") through the website maskdisfraces.com, owned by EL REY DEL CARNAVAL S.L., hereinafter, PROVIDER, whose contact details also appear in the Legal Notice of this Website.
These Terms may be modified at any time. It is the responsibility of the USER to read them periodically, since those that are in force at the time of placing orders will be applicable.
Contracts will not be subject to any formality with the exception of the cases expressly indicated in the Civil and Commercial Codes and in this or other special laws.
The acceptance of this document implies that the USER:
- You have read, understand and understand what is stated here.
- He is a person with enough capacity to hire.
- It assumes all the obligations set forth herein.
These conditions will have an indefinite period of validity and will be applicable to all contracts made through the PROVIDER's website.
The PROVIDER informs that the trade is responsible and knows the current legislation of the countries to which it sends the products, and reserves the right to unilaterally modify the conditions, without this affecting the goods or promotions that were acquired prior to the modification.
Identity of the contracting parties
On the one hand, the PROVIDER of the products or services contracted by the USER is EL REY DEL CARNAVAL S.L., with registered office in POL. IND. CENTROVIA, CALLE BUENOS AIRES, 77 - 50198 LA MUELA (Zaragoza) (Zaragoza), NIF B99016537 and with customer service telephone number / USER 976471832.
And on the other, the USER, registered on the website by means of a username and password, for which he has full responsibility for use and custody, and is responsible for the veracity of the personal data provided to the PROVIDER.
Object of the contract
The purpose of this contract is to regulate the contractual relationship of sale born between the PROVIDER and the USER at the moment in which he accepts during the online contracting process the corresponding box.
The contractual relationship of sale entails the delivery, in exchange for a certain price and publicly exposed through the website, of a specific product or service.
Procurement procedure
The USER, in order to access the products or services offered by the PROVIDER, must be of legal age and register through the website by creating a user account. Therefore, the USER must freely and voluntarily provide the personal data that will be required, which will be treated in accordance with the provisions of Regulation (EU) 2016/679, of April 27, 2016 (GDPR), regarding the protection of physical persons with regard to the processing of personal data and the free movement of these data and Organic Law 3/2018, of December 5 (LOPDGDD), relative to the protection of data of personal face and detailed in the Legal Notice and in the Privacy Policy of this website.
The USER will select a username and password, committing to make diligent use of them and not to make them available to third parties, as well as to communicate to the PROVIDER the loss or theft of the same or the possible access by an unauthorized third party, so that it proceeds to the immediate blocking.
Once the user account has been created, it is reported that in accordance with the requirements of article 27 of Law 34/2002, on Services of the Information Society and Electronic Commerce (LSSICE), the contracting procedure will follow the following steps:
1. General contracting clauses.
2. Order shipping.
3. Right of withdrawal.
4. Complaints.
5. Force majeure.
6. Competition.
7. General offer.
8. Price and term of validity of the offer.
9. Transport costs.
10. Payment method, expenses and discounts.
11. Purchase process.
12. Applicable Warranties.
13. Warranties and Returns.
14. Applicable law and jurisdiction.
1. GENERAL CONTRACTING CLAUSES
Unless specifically stipulated in writing, placing an order with the PROVIDER will imply acceptance by the USER of these legal conditions. No stipulation made by the USER may differ from those of the PROVIDER if it has not been expressly accepted in advance and in writing by the PROVIDER.
2. ORDER SHIPPING/h3>
The PROVIDER will not send any order or activate any service until it has verified that the payment has been made.
Shipments of goods will usually be made by EXPRESS COURIER (POSTAL EXPRESS, SEUR, UPS, STD, etc.), according to the destination freely designated by the USER.
Failure to perform the distance contract
The dates or deadlines of delivery will be understood approximate, not constituting the delay essential non-compliance. In the event that the PROVIDER has not delivered the goods, after 30 days from the agreed delivery date, due to lack of availability of the product or service, the USER must be informed and will be entitled to cancel the order and receive the refund of the total amount paid without any cost, and without thereby deriving any liability for damages and damages attributable to the PROVIDER.
In case of unjustified delay on the part of the PROVIDER regarding the refund of the total amount, the USER may claim to be paid twice the amount due, without prejudice to his right to be compensated for the damages suffered in excess of said amount.
The delivery time is usually between 2 and 5 working days, depending on the destination population and the payment method chosen. This term is understood provided that the availability of the goods has been confirmed and the full payment of the order has been verified.
The PROVIDER will not assume any responsibility when the delivery of the product or service does not take place, because the data provided by the USER is false, inaccurate or incomplete.
The delivery will be considered made at the moment in which the carrier has made the products available to the USER and this, or the delegate of this, has signed the document of receipt of the delivery.
It is up to the USER to verify the products upon receipt and expose all the exceptions and claims that may be justified in the document of receipt of the delivery.
In the event that the contract does not involve the physical delivery of any product, but an activation of some services, these being directly downloaded from the website, the PROVIDER will previously inform the USER regarding the procedure that must be followed to make this download.
3. RIGHT OF WITHDRAWAL
The USER has the same rights and deadlines to proceed to make the return and / or claim the possible vices or defects that the product or service presents, both online and offline.
The USER has a period of fourteen calendar days, counted from the date of receipt of the product, for the return of the same (article 71 of Law 3/2014, of March 27). Unless the return is made due to defects in the product, the costs related to the shipment will be borne by the USER. The product must be returned in its original packaging and in perfect condition and, in case of provision of a service, from the same day of activation and / or unloading of the same.
The right of withdrawal may not be applied in the following cases:
1. If the product is not presented in perfect condition.
2. If the packaging of the product is not the original or these are not in perfect condition. The original packaging must protect the product so that it is received in perfect condition, being prohibited the use of seals and adhesive tapes applied directly on it.
3. When the product is open without being able to prove that it has not been used.
4. In software applications that are directly downloaded through the portal or unsealed by the USER after their physical delivery.
5. When they are personalized products or those that, for reasons of hygiene or other exceptions legally provided for in article 103 of Law 3/2014, of March 27.
6. In the supply of products whose price depends on fluctuations in the financial market that the PROVIDER cannot control and that may occur during the withdrawal period.
7. In the supply of products made according to the specifications of the USER or clearly customized.
8. In the supply of products that may deteriorate or expire quickly.
Any return must be communicated to the PROVIDER, requesting a return number through the form enabled for it, or by email to admon@elreydelcarnaval.net, indicating the corresponding invoice or order number.
Once the USER has received the return number, he will send the product to the PROVIDER, indicating this number in the shipping letter, with the transport costs at his expense, at the address of EL REY DEL CARNAVAL S.L., POL. IND. CENTROVIA, CALLE BUENOS AIRES, 77, 50198 LA MUELA (Zaragoza).
4. COMPLAINTS
Any claim that the USER deems appropriate will be addressed as soon as possible, and can be made at the following contact addresses:
Postal: EL REY DEL CARNAVAL S.L., POL. IND. CENTROVIA, CALLE BUENOS AIRES, 77, 50198 LA MUELA (Zaragoza)
Phone: 976471832
Mail: admon@elreydelcarnaval.net
Online Dispute Resolution
In accordance with Article 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for the resolution of online disputes between the USER and the PROVIDER, without the need to resort to the courts of justice, through the intervention of a third party, called the Dispute Resolution Body, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties to reach an agreement, and may finally suggest and / or impose a solution to the conflict.
Link to ODR platform: http://ec.europa.eu/consumers/odr/
5. FORCE MAJEURE
The parties shall not incur liability for any fault due to a greater cause. The fulfillment of the obligation will be delayed until the cessation of the case of force majeure.
6. COMPETITION
The USER may not assign, transfer or transmit the rights, responsibilities and obligations contracted in the sale.
If any stipulation of these conditions is considered null or impossible to fulfill, the validity, legality and fulfillment of the rest will not be affected in any way, nor will they suffer modification in any way.
The USER declares to have read, know and accept these Conditions in all their extension.
7. GENERAL OFFER
All sales and deliveries made by the PROVIDER shall be understood to be subject to these Conditions.
No modification, alteration or agreement contrary to the Commercial Proposal of EL REY DEL CARNAVAL S.L. or to what is stipulated herein, will take effect, unless expressly agreed in writing signed by the PROVIDER, in this case, these particular agreements will prevail.
Given the continuous technical advances and improvements of the products, the PROVIDER reserves the right to modify its specifications with respect to the information provided in its advertising, until it does not affect the value of the products offered. These modifications will also be valid in the event that, for any reason, the possibility of supplying the products offered is affected.
8. PRICE AND TERM OF VALIDITY OF THE OFFER
The prices indicated for each product include Value Added Tax (VAT) or other taxes that may be applicable. These prices, unless expressly stated otherwise, do not include the costs of shipping, handling, packaging, shipping insurance or any other additional services and annexes to the product or service purchased.
The prices applicable to each product are those published on the website and will be expressed in the EURO currency. The USER assumes that the economic valuation of some of the products may vary in real time.
Before making the purchase you can check online all the details of the budget: items, quantities, price, availability, transport costs, charges, discounts, taxes and the total of the purchase. Prices may change daily while the order is not placed.
Once the order is placed, the prices will be maintained whether there is availability of products or not.
Any payment made to the PROVIDER entails the issuance of an invoice in the name of the registered USER or the company name that he has informed at the time of placing the order. This invoice will be sent together with the product purchased, as well as in PDF to the email address provided by the USER.
For any information about the order, the USER may contact through the customer service telephone number of the PROVIDER 976471832 or via email to the address admon@elreydelcarnaval.net.
9. TRANSPORT COSTS
The prices do not include shipping or communication costs, installation or unloading, or complementary services, unless expressly agreed in writing to the contrary.
Postage will be calculated at the time of saving the basket or budget, since they are calculated by the weight of the products and by the delivery address.
The maximum transport fare applied is as follows:
Peninsula up to 2 Kg: .......... €
Peninsula> 2 Kg up to 10 Kg: .......... €
Peninsula> 10 Kg: .......... €
Out peninsula up to 2 Kg: .......... €
Out peninsula > 2 Kg up to 10 Kg: .......... €
Out peninsula > 10 Kg: .......... €
10. PAYMENT METHODS, CHARGES AND DISCOUNTS
The PROVIDER allows the following ways to make the payment of an order:
- Bank transfer: a discount of ........... % will be applied for prompt payment.
- Cash on delivery: a charge of ........... % (minimum € 3) will be applied as a collection fee. Payment will not be accepted if it exceeds ........... €.
- Credit card: no discounts or charges will apply. Payment by card will not be accepted if it exceeds ........... €.
Security measures
The website uses information security techniques generally accepted in the industry, such as firewalls, access control procedures and cryptographic mechanisms, all in order to prevent unauthorized access to data. To achieve these purposes, the user/client accepts that the provider obtains data for the purpose of the corresponding authentication of the access controls.
The PROVIDER undertakes not to allow any transaction that is or is considered illegal by the credit card brands or the acquiring bank, which may or has the potential to damage their goodwill or negatively influence them.
The following activities are prohibited under card brand programs: the sale or offering of a product or service that does not comply with all laws applicable to the Buyer, Issuing Bank, Merchant or Cardholder of the card or cards.
11. PURCHASE PROCESS
Basket (budget simulation)
Any product in our catalog can be added to the basket. In this, only the items, the quantity, the price and the total amount will be observed. Once the basket is saved, the taxes, charges and discounts will be calculated according to the payment and shipping data entered.
The baskets do not have any administrative link, it is only a section where you can simulate a budget without any commitment from both parties.
From the basket you can place an order following the following steps for its correct formalization:
1. - Verification of billing information.
2. - Verification of the shipping address.
3. - Selection of the payment method.
4. - Place the order (buy).
Once the order has been processed, the system instantly sends an email to the MANAGEMENT DEPARTMENT OF THE PROVIDER and another to the USER's email confirming the completion of the order.
Orders (purchase requisitions)
In a maximum of 24 hours, on working days, an electronic email will be sent to the USER confirming the status of the order and the date of shipment and / or approximate delivery.
12. APPLICABLE WARRANTIES
All products offered through the website are completely original, unless otherwise stated in their description. All have a warranty period of two years, in accordance with the criteria and conditions described in Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of consumers and users and other complementary laws.
13. WARRANTIES AND RETURNS
The guarantee of the products offered will respond to the following articles based on Law 23/2003, of July 10, on Guarantees of sale of consumer goods:
I) Conformity of the products with the contract
1. Unless proven otherwise, the products shall be deemed to be in conformity with the contract provided that they meet all the requirements set out below, unless due to the circumstances of the case any of them is not applicable:
a) Conform to the description and qualities manifested by EL REY DEL CARNAVAL S.L..
b) Are suitable for the uses for which products of the same type are ordinarily intended.
c) Are suitable for any special use required by the customer when he has informed EL REY DEL CARNAVAL S.L. at the time of conclusion of the contract, provided that he has admitted that the product is suitable for this use.
d) Present the usual quality and performance of a product of the same type that the customer can reasonably expect, taking into account the nature of this and, where appropriate, the descriptions on the specific characteristics of the products made by EL REY DEL CARNAVAL S.L..
e) EL REY DEL CARNAVAL S.L. describes the details, technical characteristics and photographs of the products provided by the manufacturer thereof, so that it is not bound by these public statements.
2. The lack of conformity resulting from an incorrect installation of the product will be equated to the lack of conformity of the same when the installation is included in the contract of sale and has been carried out by EL REY DEL CARNAVAL S.L. or under its responsibility, or by the USER when the defective installation is due to an error in the installation instructions.
3. Liability shall not be applicable for lack of conformity that the USER knows or could not have ignored at the time of conclusion of the contract or that have their origin in materials supplied by the USER./p>
II) Responsibility of the PROVIDER and rights of the USER
EL REY DEL CARNAVAL S.L. will respond to the USER for any lack of conformity that exists at the time of delivery of the product. EL REY DEL CARNAVAL S.L. recognizes the USER the right to repair the product, its replacement, the price reduction and the termination of the contract.
In accordance with article 6 of the Civil Code, any prior waiver of the RIGHTS of the USER or acts carried out in fraud will be null and void.
III) Repair and replacement of products
1. If the product is not in accordance with the contract, the USER may choose between demanding the repair or replacement of the same, unless one of these options is impossible or disproportionate. From the moment the USER communicates to EL REY DEL CARNAVAL S.L. the chosen option, both parties must abide by it. This decision of the USER is understood without prejudice to the provisions of article IV below for cases in which the repair or replacement fails to bring the product into conformity with the contract.
2. Any form of sanitation that imposes on EL REY DEL CARNAVAL S.L. costs that, compared to the other form of sanitation, are not reasonable, taking into account the value that the product would have if there was no lack of conformity, the relevance of the lack of conformity and if the alternative form of sanitation could be carried out without major inconveniences for the USER, will be considered disproportionate.
IV) Rules of repair or replacement of the product
Repair and replacement shall conform to the following rules:
a) They will be free for the USER.
This gratuity shall include the necessary costs incurred to remedy the lack of conformity of the products with the contract, especially the shipping costs, as well as the costs related to labour and materials.
b) They will be carried out within a reasonable time and without major inconveniences for the user, taking into account the nature of the products and the purpose they had for the USER.
(c) Reparation suspends the calculation of the time limits referred to in Article VII. The suspension period will begin from the moment the USER makes the product available to EL REY DEL CARNAVAL S.L. and will conclude with the delivery to the USER of the product already repaired. During the six months following the delivery of the repaired product, EL REY DEL CARNAVAL S.L. will be responsible for the lack of conformity that motivated the repair. It is presumed that it is the same lack of conformity when defects of the same origin as those initially manifested are reproduced in the product.
d) The substitution suspends the periods referred to in Article VII from the exercise of the option until the delivery of the new product. The second paragraph of Article VII shall in any event apply to the substitute product.
e) If the repair has been completed and the product has been delivered, it is still not in accordance with the contract, the USER may demand the replacement of the same, within the limits established in section 2 of article IV, or the reduction of the price or the termination of the contract in the terms of article V.
f) If the replacement fails to bring the product into conformity with the contract, the USER may demand the repair of the same, within the limits established in section 2 of article IV, or the reduction of the price or the termination of the contract in the terms of articles V and VI.
g) The USER may not demand substitution in the case of non-fungible products, nor in the case of second-hand products.
V) Price reduction and termination of the contract
The reduction of the price and the termination of the contract will proceed, at the choice of the USER, when he cannot demand the repair or replacement of the product and in cases where these have not been carried out within a reasonable period or without major inconveniences for the USER. The resolution shall not proceed where the lack of conformity is of minor importance.
VI) Criteria for price reduction
The price reduction will be proportional to the difference between the value that the product would have had at the time of delivery if it had been in accordance with the contract, and the value that the product actually delivered had at the time of delivery.
VII) Deadlines
1. EL REY DEL CARNAVAL S.L. is responsible for the lack of conformity that manifests itself within a period of two years from the delivery. In second-hand products, EL REY DEL CARNAVAL S.L. and the USER may agree on a shorter term, which may not be less than one year from delivery.
Unless proven otherwise, it shall be presumed that the lack of conformity manifested in the six months following delivery already existed when the product was delivered, except where this presumption is incompatible with the nature of the product or the nature of the lack of conformity.
2. Unless proven otherwise, delivery is deemed to have been made on the day shown on the invoice or purchase label, or on the corresponding delivery note if this is later.
3. The action to claim compliance with the provisions of the previous articles expires three years from the delivery of the product.
4. The USER must inform EL REY DEL CARNAVAL S.L. of the lack of conformity within two months of becoming aware of it.
Unless proven otherwise, it will be understood that the communication of the USER has taken place within the established period.
VIII) Action against the producer
When the USER finds it impossible or excessively burdens him to contact EL REY DEL CARNAVAL S.L. due to lack of conformity of the products with the contract of sale, he may claim directly from the producer in order to obtain the replacement or repair of the product.
In general, and without prejudice to the fact that the responsibility of the producer ceases, within the same periods and conditions as those established for EL REY DEL CARNAVAL S.L., the producer will respond for the lack of conformity when it refers to the origin, identity or suitability of the products, in accordance with their nature and purpose and with the rules that regulate them.
A producer means the manufacturer of a product or the importer thereof in the territory of the European Union, or any person who presents himself as such by indicating on the product his name, trade mark or other distinctive sign.
Whoever has responded to the USER, will have a period of one year to repeat responsible for the lack of conformity. This period is computed from the moment the sanitation was completed.
14. APPLICABLE LAW AND JURISDICTION
These conditions will be governed or interpreted in accordance with Spanish legislation in what is not expressly established. The PROVIDER and the USER agree to submit to the courts and tribunals of the USER's domicile any dispute that may arise from the provision of the products or services subject to these Conditions.
In the event that the USER is domiciled outside of Spain, the PROVIDER and the USER expressly renounce any other forum, submitting to the Courts and Tribunals closest to the population of EL BURGO DE EBRO (Spain).