GENERAL CONTRACTING CONDITIONS

GENERAL CONTRACTING CONDITIONS

Introduction

This contractual document will govern the General Contracting Conditions of products (hereinafter, "Conditions") through the website poloselcapote.com/, property of LOGICALLY EL CAPOTE, SL under the trademark of LOGICALLY EL CAPOTE, SL, hereinafter PROVIDER, whose contact details also appear in the Legal Notice of this website.

These Conditions will remain published on the website at the disposal of the USER to reproduce and save them as confirmation of the contract, and may be modified at any time by LOGICALLY EL CAPOTE, SL. 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. LOGICALLY EL CAPOTE, SL will file the electronic document where the purchase is formalized and will have it available to the USER if requested.

The contracts will not be subject to any formality with the exception of the cases expressly indicated in the Civil and Commerce Codes and in this or other special laws.

The acceptance of this document implies that the USER:

  • You've read, you understand and you're agree with this text.
  • He is a person with sufficient capacity to contract.
  • You assume all the obligations set forth herein.

These conditions will have an indefinite validity period and will be applicable to all contracts made through the PROVIDER's website.

The PROVIDER informs that the business 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 previously acquired from the modification.

Identity of the contracting parties

On the one hand, the PROVIDER of the products contracted by the USER is LOGICALLY EL CAPOTE, SL, with registered office at C/ Claudio Coello 46, 28001 Madrid (MADRID), NIF B85033991 and with customer service telephone number 915784261.

And on the other, the USER, registered on the website through a username and password, over which it has full responsibility for the 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 the latter accepts the corresponding box during the online contracting process.

The contractual relationship of sale entails the delivery, in exchange for a certain price and publicly exposed through the website, of a specific product.

Data rectification

When the USER identifies errors in the data published on the website or in the documents generated by the contractual relationship, they may notify the email administracion@poloselcapote.com so that LÓGICAMENTO EL CAPOTE, SL corrects them as soon as possible.

The USER may keep their data updated by accessing their user account.

Hiring procedure

The USER, in order to access the products or services offered by the PROVIDER, must be of legal age or emancipated minor 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), relative to the protection of natural persons with regard to the processing of personal data and the free circulation of these data and Organic Law 3/2018, of December 5 (LOPDGDD), regarding the protection of personal data and detailed in the Legal Notice and in the Privacy Policy of this website.

The user 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 notify the PROVIDER of their loss or theft or 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 continue the following steps:

  1. General contract clauses.
  2. Shipping and delivery of orders.
  3. Right of withdrawal.
  4. Claims and dispute resolution online.
  5. Force Majeure.
  6. Competition.
  7. General information of the offer.
  8. Price and validity period of the offer.
  9. Transportation expenses.
  10. Form of payment, expenses and discounts.
  11. Purchasing process.
  12. Disassociation and suspension or termination of the contract.
  13. Guarantees 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. SHIPPING AND DELIVERY OF ORDERS

The PROVIDER will not send any order until it has verified that the payment has been made.
Freight shipments will usually be made by EXPRESS COURIER (MRW, DHL, CORREOSEtc.)., according to the destination freely designated by the USER.
The shipment will be made once the availability of the merchandise has been confirmed and the payment of the order has been verified. 

The shipment will be made once the availability of the merchandise has been confirmed and the payment of the order has been verified.

The delivery period will be between 2 and 6 working days, depending on the destination population and the payment method chosen. The expected date of shipment and delivery will be provided prior to order confirmation.

Lack of execution of the distance contract

In case of not being able to execute the contract because the contracted product or service is not available within the stipulated period, the USER will be informed of the lack of availability and that he will be entitled to cancel the order and receive a refund of the total amount paid without any cost, and without thereby deriving any liability for damages attributable to the PROVIDER.

In case of unjustified delay by the PROVIDER regarding the return of the total amount, the USER may claim to be paid double the amount owed, without prejudice to their right to be compensated for the damages suffered in excess of said amount.

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 time the carrier has made the products available to the USER and the USER, or their delegate, has signed the delivery receipt document.

The PROVIDER will respond to the USER for any lack of conformity that exists at the time of delivery of the order, and the USER may, by means of a simple declaration, demand the correction of said lack of conformity, the reduction of the price or the resolution of the contract. In any of these cases, the USER may also demand compensation for damages, if applicable.

The USER shall have the right to suspend the payment of any pending part of the price of the purchased product until the PROVIDER complies with the obligations established in this contract.

It is up to the USER to verify the products upon receipt and expose all reservations and claims that may be justified in the delivery receipt document.

In the event that the hiring does not involve the physical delivery of any product, but a download activation on a website, the PROVIDER will previously inform the USER regarding the procedure that must be followed to carry out this download.

3 RIGHT OF WITHDRAWAL

Withdrawal form: Click here To download it

The USER has a period of fourteen calendar days, counted from the date of receipt of the product or from the conclusion of the sales contract if it were a provision of a service, to exercise the right of withdrawal, regulated in the article 102 of 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, hereinafter RDL 1/2007. If the PROVIDER does not comply with the duty of information and documentation on the right of withdrawal, the term for its exercise will end twelve months after the expiration date of the initial withdrawal period, in accordance with article 105 of RDL 1/2007.

The right of withdrawal will not be applicable to the contracts referred to and listed in the article 103 of RDL 1/2007, and that are related here

All returns must be communicated to the PROVIDER, requesting a return number through the form enabled for it, or by email to administracion@poloselcapote.com, indicating the corresponding invoice or order number.

In the event that the return is not made with the original delivery packaging, the PROVIDER may charge the cost of 5€ to the USER, previously informing about it through the same communication channel used.

Once the USER has received the return number, he will send the product to the PROVIDER, indicating this number in the delivery letter, with the transport costs at his expense., at the address of LOGICALLY EL CAPOTE, SL, C/ Claudio Coello 46, 28001 Madrid (MADRID)

4. CLAIMS AND ONLINE DISPUTE RESOLUTION

Any claim that the USER deems appropriate will be dealt with as soon as possible, and can be made at the following contact addresses:

Postal: LOGICALLY EL CAPOTE, SL, C/ Claudio Coello 46, 28001 Madrid (MADRID) Telephone: 915784261
Email: marketing@poloselcapote.com

Online dispute resolution (Online dispute resolution)

In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for the resolution of online conflicts 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, being able to finally suggest and/or impose a solution to the conflict.

Link to the ODR platform: http://ec.europa.eu/consumers/odr/

5. FORCE MAJEURE

The parties will not incur liability for any fault due to force majeure. 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 comply with, the validity, legality and compliance of the rest will not be affected in any way, nor will they be modified in any way.

The USER declares to have read, know and accept these Conditions in their entirety.

7. GENERAL INFORMATION OF THE 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 LOGICALLY EL CAPOTE, SL or to what is stipulated here, will have effect, unless expressly agreed in writing signed by the PROVIDER, in this case, these particular agreements will prevail.

8. PRICE AND TERM OF VALIDITY OF THE OFFER

The prices indicated for each product or service include Value Added Tax (VAT) or other taxes that may be applicable. These prices, unless expressly stated otherwise, do not include shipping or communication costs, handling or any other additional services and annexes to the purchased product.

The prices applicable to each product are those published on the website and will be expressed in 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 all the details of the budget online: items, quantities, price, availability, transport costs, charges, discounts, taxes and the total purchase. Prices may change daily while the order is not placed.

Once the order is placed, the prices will be maintained whether or not the products are available.

Any payment made to the PROVIDER entails the issuance of an invoice in the name of the registered USER or the company name that the latter has informed at the time of placing the order. This invoice will be sent in paper format along with the purchased product. The invoice can be downloaded in PDF format by accessing the web management panel with the user account. If you want to receive it by email, you must request it by any of the means that the PROVIDER makes available to you, informing you that at any time you can revoke said decision.

For any information about the order, the USER may contact the PROVIDER through the customer service telephone number 915784261 or via email to the address administracion@poloselcapote.com.

9. TRANSPORTATION COSTS

The prices published in the store do not include shipping or communication costs, or installation or download costs, or additional services, unless otherwise expressly agreed in writing.

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 rate (VAT included) applied is as follows:

National Rate:

5.- € (VAT Included) only Spain Peninsula.

Free shipping from 49 € (except Canary Islands, Balearic Islands, Ceuta and Melilla))

Balearics 10 € (VAT included). 

Canary Islands € 19 (VAT included). 

International Rate:

  • Europe: 25.-€ (VAT included) Up to 2 kg. Delivery time in Europe 3 and 6 days hours.
  • Rest of the World: 59.-€ (VAT included)  Up to 2 kg. Delivery time in the Rest of the World between 5 and 12 days.

 

10. FORMS OF PAYMENT, CHARGES AND DISCOUNTS

The PROVIDER is responsible for economic transactions and enables the following ways to make the payment of an order:

Credit card and Pay Pal

The USER may use a discount coupon at the moment prior to the completion of the purchase in case of having received it from the PROVIDER.

You can only use one discount code per purchase, all our discount codes are for single use and can not be accumulated to other discount codes in the same purchase.

IMPORTANT: DISCOUNT CODES ARE VALID ONLY FOR NON-DISCOUNTED PRODUCTS and only one code can be used per purchase

CLUB CAPE

THE GAIN OF CAPOTES IS BASED ON THE TAXABLE BASE OF THE PURCHASE The gain of capotes is exclusive for online purchases. Capotes are not earned on physical store purchases.

Security measures

The website uses information security techniques generally accepted in the industry, such as SSL, data entered on a secure page, firewalls, access control procedures and cryptographic mechanisms, all in order to prevent unauthorized access to the website. data. To achieve these ends, the user/client accepts that the provider obtains data for the purpose of the corresponding authentication of the access controls.

The PROVIDER agrees not to allow any transaction that is considered illegal by the credit card brands or the acquiring bank and that may or has the potential to damage their goodwill or negatively influence them.

The sale or offer of a product or service that does not comply with all laws applicable to the Buyer, Issuing Bank, Merchant or Holder of the card(s) is prohibited, under the programs of the card brands.

11. PURCHASE PROCESS

Any product from our catalog can be added to the basket. In this, only the items, quantity, price and total amount. Once the basket is saved, we will proceed to calculate the taxes, charges and discounts 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 on both sides.

From the basket you can place an order by following the steps below for its correct formalization:

  1. Verification of billing information.
  2. Verification of the shipping address.
  3. Selection of the form of payment.
  4. Place the order (buy).

Once the order is processed, the system sends instantly an email to the PROVIDER's management department and another to the USER's email confirming the completion of the order.

Orders (purchase requests)

Prior to the confirmation of the order, information will be provided on the status of the order and the date of shipment and/or approximate delivery.

12. DISSOCIATION AND SUSPENSION OR TERMINATION OF THE CONTRACT

If any of these terms and conditions are found to be unlawful, void or for any reason unenforceable, this condition will be deemed severable and will not affect the validity and enforceability of any remaining conditions.

The PROVIDER may, without prior notice, suspend or terminate the USER's access to its services, in whole or in part, when the USER does not comply with the obligations established in this contract or any legal provision, license, regulation, directive, code of practices or policies that apply to you.

When THE PROVIDER exercises any of its rights or powers under this Clause, such exercise will not prejudice or affect the exercise of any other right, power or resource that may be available to THE PROVIDER.

13. GUARANTEES AND RETURNS

The guarantees will respond to what is regulated in the Title referring to "Guarantees and after-sales services" of 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, which you can access by clicking here Our garments have a 2-year warranty covered by the seller.

14. APPLICABLE LAW AND JURISDICTION

These conditions will be governed or interpreted in accordance with Spanish legislation in what is not expressly established. Any controversy that may arise from the provision of the products or services subject to these Conditions will be submitted to the courts and tribunals of the USER's domicile, the place of fulfillment of the obligation or the place where the property is located if it is immovable.

There are complaint forms in our establishment at Calle Claudio Coello 46 Madrid and in our offices Europa III Building San Rafael Street 1 Portal 3 2E 28108 Alcobendas Madrid