1. GENERAL INFORMATION
Ownership of this website, www.cuadrossils.com (hereinafter, the Website), is held by: Cuadros Sils S.L., with CIF (tax identification code): B73021966, registered in: the Registro Mercantil de Murcia (Commercial Register of Murcia) with the following registration details: Tomo 1532 página 48, Hoja 30137, whose representative is: José Antonio Campillo Ruiz (hereinafter, the Responsible Party), and whose contact details are:
- Address: Polígono Industrial Vicente Antolinos, calle Edison 31, 30140 Santomera (Murcia)
- Contact telephone: +34 968 86 11 83
- Contact email: info@cuadrossils.com
This document (together with any other documents mentioned in it) sets out the terms governing the use of this Website and the purchase or acquisition of products and/or services through it (hereinafter, the Terms).
For the purposes of these Terms, the activity carried out by the Website is understood to comprise:
The manufacture and distribution of pictures and décor.
In addition to reading these Terms, before accessing, browsing and/or using this website, the User must have read the Legal Notice and the General Terms and Conditions of Use, including the Cookie Policy and the Website's Privacy Policy. By using this Website, or by placing and/or requesting an order for a product and/or service through it, the User agrees to be bound by these Terms and by all of the above; therefore, if the User does not agree with all of it, they must not use this Website.
The User is also informed that these Terms may be amended. The User is responsible for consulting them each time they access, browse and/or use the Website, as the Terms in force at the time the acquisition of products and/or services is requested will apply.
For any questions the User may have regarding the Terms, they may contact the Owner using the contact details provided above or, where applicable, using the contact form.
2. THE USER
Accessing, browsing and using the Website confers the status of user (hereinafter referred to, interchangeably, individually as the User or collectively as the Users), whereby all the Terms set out herein, as well as any subsequent amendments to them, are accepted from the moment browsing of the Website begins, without prejudice to the application of the corresponding mandatory legal regulations, as the case may be.
The User assumes responsibility for using the Website correctly. This responsibility extends to:
- Using this Website solely to make legally valid enquiries and purchases or acquisitions.
- Not making any false or fraudulent purchase. If it could reasonably be considered that a purchase of this kind has been made, it may be cancelled and the relevant authorities would be informed.
- Providing truthful and lawful contact details, for example, email address, postal address and/or other details (see the Legal Notice and General Terms and Conditions of Use).
The User declares that they are over 18 years of age and have the legal capacity to enter into contracts through this Website.
Deliveries outside Spain are made subject to a prior quotation, as set out in clause 6 (Delivery).
The User may, at their choice, enter into the contract for the sale of the desired products and/or services in any of the languages in which these Terms are available on this Website.
3. PURCHASE OR ACQUISITION PROCESS
Duly registered Users may purchase on the Website by the means and in the manner established. They must follow the Website's online purchase and/or acquisition procedure, during which several products and/or services may be selected and added to the basket, cart or final purchase area, and finally click on: ‘Place order’
The User must also complete and/or check the information requested at each step, although the purchase details may be modified during the purchase process, before payment is made.
The User will then receive an email confirming that the Website has received their order or request for purchase and/or provision of the service, that is, the order confirmation. Where applicable, the User will also be informed by email when their purchase is being dispatched. Where applicable, this information may also be made available to the User through their personal login area on the Website.
Once the purchase procedure has been completed, the User agrees that the Website may generate an electronic invoice, which will be sent to the User by email and, where applicable, through their personal login area on the Website. The User may also, if they wish, obtain a paper copy of their invoice by requesting it from the Website through the available contact areas or using the contact details provided above.
The User acknowledges being aware, at the time of purchase, of certain specific conditions of sale concerning the product and/or service in question, which are shown alongside its presentation or, where applicable, its image on its page of the Website, indicating, by way of example but not limitation, and depending on each case: name, price, components, weight, quantity, colour, product details or characteristics, the manner in which the services will be performed and/or their cost; and acknowledges that placing the purchase or acquisition order constitutes full and complete acceptance of the specific conditions of sale applicable in each case.
The Owner is the manufacturer of the products sold on the Website, unless expressly stated otherwise on the product page. Although the Owner makes every effort to ensure that the information displayed on the Website is correct, the packaging and/or materials and/or components of the products may on occasion contain additional information or information different from that shown on the Website. The User must therefore consider not only the information provided by the Website but also the information available on the labelling, warnings and/or instructions accompanying the product.
The User is aware that the Website shows them, for their interest, a number of services that the Owner does not provide to Users directly, but which will be contracted and provided by a separate third party.
4. AVAILABILITY
All purchase orders received through the Website are subject to the availability of the products and/or to no circumstance or cause of force majeure (clause nine of these Terms) affecting their supply and/or the provision of the services. Should difficulties arise regarding the supply of products, or should no products remain in stock, the Owner undertakes to contact the User and refund any amount that may have been paid. This will also apply in cases where the provision of a service becomes impossible.
5. PRICES AND PAYMENT
The prices displayed on the Website are expressed in Points.
Delivery costs are not included in the price of the products and are governed by the provisions of clause 6 (Delivery). The Owner makes deliveries through a transport company of its choice.
Under no circumstances will the Website automatically add additional costs to the price of a product or service; it will only add those that the User has voluntarily and freely selected and chosen.
Prices may change at any time, but any such changes will not affect orders or purchases for which the User has already received an order confirmation.
The method of payment will be the one agreed with each customer. No payment is taken when the order is placed on the Website: the Owner will contact the User to confirm the order and the method of payment.
The Website uses a secure connection (HTTPS) to guarantee the confidentiality and security of the data that the User transmits during the purchase process.
6. DELIVERY
Deliveries are made both nationally and internationally. Delivery costs are not included in the order: they depend on the size, the packaging and the destination, so they are calculated separately for each delivery and added to the final invoice, which is issued after the purchase. For deliveries outside Spain, a prior quote will be provided, which the User must accept before the order is shipped.
Except in cases where there are unforeseen or extraordinary circumstances or, where applicable, circumstances arising from the personalisation 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 delivery method selected by the User and, in any event, within a maximum of 30 calendar days from the date of the order confirmation.
If, for any reason attributable to it, the Owner is unable to meet the delivery date, it will contact the User to inform them of this, and the User may choose either to go ahead with the purchase by setting a new delivery date or to cancel the order with a full refund of the price paid. In any case, home deliveries are made on working days.
If it proves impossible to deliver the order because the User is absent, the order may be returned to the warehouse. However, the carrier would leave a notice explaining where the order is and how to have it delivered again.
If the User is not going to be at the place of delivery during the agreed time slot, they must contact the Owner to arrange delivery on another day.
If 30 days pass from the time the order is available for delivery and it has not been delivered for reasons not attributable to the Owner, the User will be deemed to wish 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 to them without undue delay and, in any event, within a maximum of 14 calendar days from the date on which the contract is deemed terminated, except for any additional costs resulting from the User's own choice of a delivery method other than the least expensive standard delivery method offered by the Website.
However, the User should bear in mind that the transport arising from the termination may involve an additional cost, which may be passed on to them.
For the purposes of these Terms, delivery will be deemed to have taken place, or the order to have been delivered, at the moment the User or a third party designated by the User acquires physical possession of the products, which will be evidenced by signing for receipt of the order at the agreed delivery address.
Any risks that may arise from the products will be borne by the User from the moment of delivery. The User acquires ownership of the products when the Owner receives full payment of all amounts due in connection with the purchase or acquisition made, including delivery costs, or at the time of delivery, if this takes place after the Owner has received the full amount payable.
7. TECHNICAL MEANS FOR CORRECTING ERRORS
The User is hereby informed that, should they detect that an error has been made when entering the data needed to process their purchase request on the Website, they may modify it by contacting the Owner through the contact areas provided on the Website and, where applicable, through those provided for contacting customer service, and/or by using the contact details provided in clause one (General information). This information may also be corrected by the User through their personal login area on the Website.
In any case, before clicking on ‘Place order’, the User has access to the area, cart or basket where their purchase requests are recorded and can make changes.
Likewise, the User is referred to the Legal Notice and General Terms and Conditions of Use and, in particular, the Privacy Policy for further information on how to exercise their right of rectification as established in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation, GDPR) and in Ley Orgánica 3/2018, of 5 December, de Protección de Datos Personales y garantía de los derechos digitales (LOPDGDD, the Spanish Data Protection Act).
8. RETURNS
Where the User purchases products on or through the Owner's Website, they are entitled to a number of rights, as listed and described below:
Right of withdrawal
The User, as a consumer and user, makes a purchase on the Website and is therefore entitled to withdraw from that purchase within 14 calendar days without giving any reason.
This withdrawal period will expire 14 calendar days from the day on which the User, or a third party authorised by the User other than the carrier, acquired physical possession of the goods purchased on the Website or, if the goods making up the order are delivered separately, 14 calendar days from the day on which the User, or a third party authorised by the User other than the carrier, acquired physical possession of the last of the goods forming part of the same purchase order or, in the case of a service contract, 14 calendar days from the day on which the contract was concluded.
To exercise this right of withdrawal, the User must notify the Owner of their decision. They may do so through the contact areas provided on the Website or by email to info@cuadrossils.com.
Regardless of the means chosen to communicate their decision, the User must state clearly and unequivocally that they intend to withdraw from the purchase contract. In any event, the User may use the model withdrawal form included as an annex at the end of these Terms; however, its use is not mandatory.
To meet the withdrawal deadline, it is sufficient for the communication unequivocally expressing the decision to withdraw to be sent before the relevant period expires.
In the event of withdrawal, the Owner will refund to the User all payments received, including delivery costs (with the exception of any additional costs chosen by the User for a delivery method other than the least expensive method offered on the Website), without undue delay and, in any event, no later than 14 calendar days from the date on which the Owner is informed by the User of the decision to withdraw.
The Owner will make the refund to the User using the same payment method that the User used for the initial purchase transaction. This refund will not incur any additional cost for the User. However, the Owner may withhold the refund until it has received the products or items purchased, or until the User has provided proof of having returned them, whichever condition is met first.
The User may return or send the products to the Owner at the address indicated in point 1, and must do so without undue delay and, in any event, no later than 14 calendar days from the date on which the Owner was informed of the decision to withdraw.
The User acknowledges that they must bear the direct cost of returning the goods (transport, delivery), if any is incurred. In addition, they will be liable for any reduction in the value of the products resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods.
The User acknowledges being aware that there are exceptions to the right of withdrawal, as set out in Article 103 of Real Decreto Legislativo 1/2007, of 16 November, por el que se aprueba el texto refundido de la Ley General para la Defensa de los Consumidores y Usuarios y otras leyes complementarias (the Royal Legislative Decree approving the consolidated text of the Spanish General Law for the Protection of Consumers and Users and other complementary laws). By way of example, but not limitation, this would be the case for: personalised products; products that are liable to deteriorate or expire rapidly; music or video CDs/DVDs without their packaging, as sealed at the factory; products that are sealed for hygiene or health reasons and have been unsealed after delivery.
The provision of any service that the User may contract on this Website is governed in the same way, as the same Act establishes that Users will not be entitled to the right of withdrawal when the service has been fully performed, or when performance has begun with the express consent of the consumer and user and with their acknowledgement that they are aware that, once the contract has been fully performed by the Owner, they will have lost their right of withdrawal.
In any case, no refund will be made if the product has been used beyond merely opening it, for products that are not in the same condition in which they were delivered, or for products that have suffered any damage after delivery.
Products must also be returned using or including all their original packaging, the instructions and any other documents that may accompany them, together with a copy of the purchase invoice.
The model withdrawal form is included at the end of these Terms (see annex) and can also be downloaded as a PDF.
Return of defective products or delivery errors
This covers all cases in which the User considers that, at the time of delivery, the product does not conform to what was stipulated in the contract or purchase order, and in which they must therefore contact the Owner immediately and notify them of the non-conformity (defect/error) by the same means or using the contact details provided in the previous section (Right of withdrawal).
The User will then be informed of how to return the products, and once returned, these will be examined and the User will be informed, within a reasonable period, whether a refund or, where applicable, a replacement is appropriate.
The refund or replacement of the product will be made as soon as possible and, in any event, within 14 days of the date on which the Owner sends you an email confirming that the refund or replacement of the non-conforming item is to proceed.
The amount paid for products returned due to a defect, where one actually exists, will be refunded in full, including delivery costs and any costs the User may have incurred in making the return. The refund will be made using the same payment method that the User used to pay for the purchase.
In any case, the rights granted to the User, as a consumer and user, by the legislation in force at any given time will always apply.
Guarantees
The User, as a consumer and user, enjoys guarantees on the products they may purchase through this Website, under the terms established by law for each type of product, and the Owner will therefore be liable for any lack of conformity that becomes apparent within two years of delivery of the product.
In this regard, products are deemed to conform to the contract provided that: they match the description given by the Website and possess the qualities presented in it; they are fit for the purposes for which products of the same type are ordinarily intended; and they show the quality and performance that are normal in a product of the same type and that may essentially be expected of it. Where 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 delivery errors’. However, some of the products sold on the Website may have non-uniform characteristics, provided that these derive from the type of material from which they are made; such characteristics will therefore form part of the individual appearance of the product and will not constitute a defect.
Furthermore, it may be the case that the User purchases on the Website a product of a third-party brand or made by a third party. In this case, if the User considers it to be a defective product, they may also contact the brand or manufacturer responsible for the product to find out how to exercise their legal guarantee rights directly against them during the two years following delivery of those products. To do so, the User must have kept all the information relating to the guarantee of the products.
9. EXCLUSION OF LIABILITY
Unless otherwise provided by law, the Owner will not accept any liability for the following losses, regardless of their origin:
- any losses that are not attributable to any breach on its part;
- business losses (including loss of profits, revenue, contracts, anticipated savings or data, loss of goodwill or unnecessary expenses incurred); or
- any other indirect loss that was not reasonably foreseeable by both parties at the time the contract for the sale of the products was concluded between them.
The Owner also limits its liability in the following cases:
- The Owner applies all measures aimed at providing a faithful display of the product on the Website; however, it is not responsible for minor differences or inaccuracies that may exist owing to insufficient screen resolution, problems with the browser used or other issues of this kind.
- The Owner will act with the utmost diligence to make the product covered by the purchase order available to the company responsible for transporting it. However, it is not liable for damage arising from transport malfunctions, particularly owing to causes such as strikes, road congestion and, in general, any others typical of the sector, which result in delays, losses or theft of the product.
- Technical failures which, owing to fortuitous causes or causes of another kind, prevent the normal operation of the service via the internet. Unavailability of the Website for maintenance or other reasons, preventing the service from being used. The Owner uses all means at its disposal to carry out the process of purchase, payment and dispatch/delivery of the products; however, it is exempt from liability for causes not attributable to it, fortuitous events or force majeure.
- The Owner will not be liable for the misuse and/or wear and tear of products that have been used by the User. Likewise, the Owner will not be liable for an incorrect return made by the User. It is the User's responsibility to return the correct product.
- In general, the Owner will not be liable for any failure or delay in the performance of any of the obligations it has assumed when this is due to events beyond its reasonable control, that is, to causes of force majeure, which may include, by way of example but not limitation:
- Strikes, lockouts or other industrial action.
- Civil commotion, riot, invasion, terrorist threat or attack, war (whether declared or not) or threat of or preparations for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
- Inability to use trains, ships, aircraft, motor transport or other means of transport, whether public or private.
- Inability to use public or private telecommunications systems.
- Acts, decrees, legislation, regulations or restrictions of any government or public authority.
Accordingly, the obligations will be suspended for as long as the cause of force majeure continues, and the Owner will be granted an extension of the period for performing them equal to the duration of the cause of force majeure. The Owner will use all reasonable means to find a solution enabling it to fulfil its obligations despite the cause of force majeure.
10. WRITTEN COMMUNICATIONS AND NOTIFICATIONS
By using this Website, the User accepts that most communications with the Owner will be electronic (email or notices published on the Website).
For contractual purposes, the User agrees to use this electronic means of communication and acknowledges that all contracts, notifications, information and other communications sent electronically by the Owner meet the legal requirement of being in writing. This condition will not affect the User's statutory rights.
The User may send notifications to and/or communicate with the Owner using the contact details provided in these Terms and, where applicable, through the contact areas of the Website.
Likewise, unless otherwise stipulated, the Owner may contact and/or notify the User at their email address or at the postal address provided.
11. WAIVER
No waiver by the Owner of a specific right or legal action, nor any failure by the Owner to require strict performance by the User of any of their obligations, shall constitute a waiver of other rights or actions arising from a contract or from the Terms, nor shall it release the User from the performance of their obligations.
No waiver by the Owner of any of these Terms or of the rights or actions arising from a contract shall take effect unless it is expressly stated to be a waiver and is formalised and communicated to the User in writing.
12. NULLITY
If any of these Terms are declared null and void by a final decision issued by a competent authority, the remaining clauses will remain in force and will not be affected by that declaration of nullity.
13. ENTIRE AGREEMENT
These Terms and any document expressly referred to in them constitute the entire agreement between the User and the Owner in relation to the subject matter of the sale and supersede any other prior covenant, agreement or promise made verbally or in writing by the same parties.
The User and the Owner acknowledge that they have agreed to enter into a contract without having relied on any statement or promise made by the other party, except for what is expressly mentioned in these Terms.
14. DATA PROTECTION
The information or personal data that the User provides to the Owner in the course of a transaction on the Website will be processed in accordance with the provisions of the Privacy Policy (contained, where applicable, in the Legal Notice and General Terms and Conditions of Use). By accessing, browsing and/or using the Website, the User consents to the processing of that information and data and declares that all the information or data they provide is truthful.
15. APPLICABLE LAW AND JURISDICTION
Access to, browsing and/or use of this Website and contracts for the purchase of products through it will be governed by Spanish law.
Any dispute, problem or disagreement arising from or related to access to, browsing and/or use of the Website, or to the interpretation and performance of these Terms, or to the sales contracts between the Owner and the User, will be submitted to the non-exclusive jurisdiction of the Spanish Courts.
16. COMPLAINTS AND CLAIMS
The User may send the Owner their complaints, claims or any other comments they wish to make using the contact details provided at the beginning of these Terms (General information).
In addition, the Owner has official complaint forms available to consumers and users, which they may request from the Owner at any time using the contact details provided at the beginning of these Terms (General information).
Furthermore, if a dispute arises from the conclusion of this purchase contract between the Owner and the User, the User, as a consumer, may seek an out-of-court settlement before the Consumer Arbitration Boards (Juntas Arbitrales de Consumo) or before other alternative dispute resolution entities accredited under Ley 7/2017, of 2 November (the Spanish Act on alternative dispute resolution in consumer matters).
ANNEX. MODEL WITHDRAWAL FORM
(Complete and return this form only if you wish to withdraw from the contract.)
- For the attention of Cuadros Sils S.L., Polígono Industrial Vicente Antolinos, calle Edison 31, 30140 Santomera (Murcia). Email: info@cuadrossils.com
- I/We (*) hereby give notice that I/we (*) withdraw from my/our (*) contract of sale of the following goods/for the provision of the following service (*):
- Ordered on/received on (*):
- Name of consumer(s) and user(s):
- Address of consumer(s) and user(s):
- Signature of consumer(s) and user(s) (only if this form is submitted on paper):
- Date:
(*) Delete as appropriate.
