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Luciolé iluminación, S.L.
GENERAL TERMS AND CONDITIONS OF SALE IN LUCIOLÉ
This document establishes the general conditions of the contractual relationship that has as its object, the purchase and sale of non-food products offered from the website of www.luciole.es owned by LUCIOLE ILUMINACIÓN, S.L. (hereinafter THE SERVICE PROVIDER), with tax address at C/ San Romualdo 26, 7º 28037 Madrid. Any claim that the CONTRACTOR needs to transfer to the SERVICE PROVIDER must be made in writing addressed to the postal address indicated in the previous paragraph, or to the e-mail address hola@luciole.es
FIRST. - PURPOSE OF THE GENERAL TERMS AND CONDITIONS
By these General Conditions, THE SERVICE PROVIDER undertakes to deliver to the CONTRACTOR the products that the CONTRACTOR has requested through the www.luciole.es site in exchange for a certain price.
By purchasing the products available on this website, the CLIENT declares that:
1. That he/she is a person of legal age and with the capacity to contract.
2. That he/she has read, understood, and accepts these General Conditions.
SECOND. GOVERNING LAW
These General Terms and Conditions are subject to the provisions of the Consumers and Users Act of 2007 (Royal Legislative Decree 1/2007, of 16 November), and Law 7/1998, of 13 April, on General Contracting Conditions. Both laws develop the Community Directive 93/13/EEC on clauses in consumer contracts. Likewise, they comply with the requirements of Law 7/1996, of 15 January, on the Regulation of Retail Trade, Law 34/2002, of 11 July, on Information Society Services, and in the Regulation of telephone or electronic contracting with general contracting conditions (R.D. 1906/1999, of 17 December). The data obtained for the successful completion of the contract are obtained and processed in accordance with Organic Law 15/1999, of 13 December, on the Protection of Personal Data.
THIRD. ALTERATION OF THE GENERAL CONDITIONS
THE SERVICE PROVIDER reserves the right to modify these General Terms and Conditions at any time, without the need to notify the CONTRACTOR in advance, who in any case is responsible for reviewing them as a prerequisite for the purchase of any product available through this website. In any case, the General Conditions that are displayed on the website at the time the CONTRACTOR purchases the corresponding products will be considered valid and applicable. In the event of any contradiction between these General Conditions and the Specific Conditions derived from the product purchased, the latter will prevail unless the General Conditions are more beneficial for the consumer who has adhered to them when making the purchase, in which case these Conditions will prevail.
FOURTH. – RIGHTS AND OBLIGATIONS OF THE SERVICE PROVIDER
4.1. Delivery of the Product. - THE SERVICE PROVIDER undertakes to deliver the product in perfect condition to the address indicated by the CONTRACTOR in the order form containing the specific conditions that are attached to these General Conditions. THE SERVICE PROVIDER shall not be liable for errors caused in the delivery when the data entered by the CONTRACTOR into the order form do not correspond to reality or have been omitted. The delivery time for all items in stock will be 48-96 hours in Spain. For items that are not in stock, that have to be made expressly or items outside Spain, the delivery time will be indicated for each specific product. In any case, when adding an item to the shopping cart, the delivery time for each item will be indicated, as well as the shipping costs. Both pieces of information will always appear prior to the order being placed. In the event that the product is not in stock, THE SERVICE PROVIDER will inform the CONTRACTOR of the new deadline by email. Orders that are processed after 2:00 p.m. on Friday will be prepared the following Monday.
4.2. Liability of the SERVICE PROVIDER. - THE SERVICE PROVIDER shall in no case be liable in relation to:
4.2.1. Errors or delays caused by the CONTRACTOR when entering their data in the order form, the slowness or impossibility of receipt by the recipients of the order confirmation or any circumstance that may arise when these incidents are due to problems in the Internet network, fortuitous causes or force majeure and any other unforeseeable contingency beyond the good faith of the SERVICE PROVIDER or unrelated to the proper functioning of its e-procurement system. In any case, THE SERVICE PROVIDER undertakes to solve any problems that may arise and to offer all the necessary support to the CONTRACTOR to reach a quick and satisfactory solution to the incident that allows compliance with the terms and conditions of the completed sale.
4.2.2. Errors or damages caused by an ineffective and bad faith use of the service by the CLIENT, or by the falsity of the data entered by the CLIENT at the time of placing the order.
4.2.3. Non-operation or problems in the e-mail address provided by the CONTRACTOR for the processing of the order confirmation.
4.2.4. Right of withdrawal: THE SERVICE PROVIDER recognises the CONTRACTOR's right of withdrawal under the terms and deadlines recognised in articles 68 to 79 of the Consumers and Users Act of 2007 (Royal Legislative Decree 1/2007, of 16 November), and in article 10 of Law 7/1996, of 15 January, of Retail Trade Regulation, by virtue of which the CONTRACTING PARTY who has the status of consumer may cancel the contract concluded, by notifying the SERVICE PROVIDER within the legally established period, without the need to justify its decision and without penalty of any kind, except for the direct cost of returning the good or service provided, which, in accordance with article 101 of the Consumers and Users Act of 2007, will be the responsibility of the CONTRACTOR.
In the event of exercising the right of withdrawal granted to the CONTRACTOR who is a consumer, the SERVICE PROVIDER will reimburse the amount paid in terms of price and applicable taxes, to the bank account number indicated by the CONTRACTOR at the time of formalization of the purchase. The direct cost of returning the purchased item, in the case of distance selling, will be borne by the CONTRACTOR.
The period for exercising the right of withdrawal is fourteen working days, counted from the receipt of the purchased item, and once exercised, the SERVICE PROVIDER will have a maximum period of 30 days from the communication of the withdrawal for the refund of the sums paid for the acquisition of the good. For the purpose of exercising this right, the model withdrawal form that has been created for this purpose is made available to the CONTRACTOR for notification to the SERVICE PROVIDER, in some way admitted by law and within the established deadlines. In any case, the CONTRACTOR will be responsible for the direct costs of returning the aforementioned product, as it is a distance sale. The CONTRACTOR will only be liable for the purchase price of the product when its return is impossible due to loss, destruction or any other cause that prevents it from returning the purchased item, or the decrease in value of the product is not a consequence of its use in accordance with the nature of the item.
Model withdrawal form, which must be sent to the following address and the corresponding product must also be sent:
- To the attention of LUCIOLE (returns) C/ Hortaleza 106 28004 Madrid.
- I hereby inform you that I withdraw from my contract for the sale of the following good/provision of service (cross out the one that does not apply)
-Order received on (date).
- Name of the consumer and user(s)
- Address of the consumer and user(s)
- Signature of the consumer and user or consumers and users (only if this form is submitted on paper)
-Date.
It should be noted that if the product is not returned in its original packaging, the return will not be accepted.
Returns of products that have been tampered with or exchanged at the customer's request or of light bulbs will not be accepted.
4.2.5. Guarantees: THE SERVICE PROVIDER undertakes to deliver the product in perfect condition, being exempt from all liability in relation to possible breakages or defects in the product packages produced after the delivery of the same to the CONTRACTOR and that have been directly caused by the latter due to misuse of the product.
THE SERVICE PROVIDER will be responsible for the conformity of the product sold with the file that appears on the website at the time of its purchase or that is issued to the CONTRACTOR, and for its correct functioning. The CONTRACTOR, before signing for the delivery of the order, must check that the product is released in perfect condition. He won't respond, though. THE SERVICE PROVIDER for non-conformities that the CONTRACTOR was aware of or could not reasonably have ignored at the time of conclusion of the contract, or that occur due to incorrect assembly of the product by the buyer when the installation instructions have been supplied and are clear and without descriptive errors. Nor will it be liable for all damages that the CONTRACTOR causes to the purchased product due to a manifest misuse of the same by the CONTRACTOR.
4.2.6. Terms: THE SERVICE PROVIDER is liable for a period of two years, counting from the delivery of the product, for any lack of conformity that may be manifested, in relation to these General Conditions and with the file corresponding to the product purchased, although only the lack of conformity in the six months after the delivery of the product will be presumed to have already existed when the item was delivered. unless proven otherwise. In any case, the CONTRACTOR has a period of one month to inform the SERVICE PROVIDER of the lack of conformity of the product, from the moment it has been detected. Failure to comply with this deadline, although it will not entail the loss of the corresponding right to remediation, will cause the CONTRACTOR to be liable for the damages effectively caused by the delay in the communication of the lack of conformity.
If the product does not conform to the contract, the CONTRACTOR may choose between requiring the repair or replacement of the product, unless one of these two options is objectively impossible or disproportionate. In cases of lack of conformity of the product, the repair or replacement will be free of charge for the CONTRACTOR who has the legal status of consumer and user in accordance with the applicable regulations. It must be carried out within a reasonable time.
When repair or replacement is not possible, the CONTRACTOR may demand a reduction in the price or termination of the contract, although in no case shall termination be admissible when the lack of conformity is of minor importance.
FIFTH.- RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTY
5.1. Payment. - The CONTRACTOR undertakes to pay in advance the amount for the product actually ordered in the following amount and manner:
5.1.1. Amount. - The remuneration for the product actually requested by the CONTRACTOR based on the product requested will be that indicated on the website and that which appears in the specific request of the CONTRACTOR at any given time, requests that will constitute the particular conditions of the specific order. The prices of the products that appear on the website are always shown with VAT included.
In addition to the price that appears on the website for each of the products offered, the relevant shipping costs must be added. In the case of rates that at no time are applied by THE SERVICE PROVIDER, they will always be the official offers by the state postal service or by private courier companies; THE SERVICE PROVIDER will not generate any profit from these rates, and undertakes to communicate the overall cost of both the product and the shipping costs always in advance to the CONTRACTOR before formalizing the purchase itself and to the confirmation email of the same.
5.1.2. Payment Methods. - The CONTRACTOR must pay the amount corresponding to the product purchased, by transfer, credit card, bizzum or PayPal.
5.2. Liability of the CLIENT. - In any case, it will be the responsibility of the CONTRACTOR:
5.2.1. Assume all risks of deterioration, damage and loss of the products from the moment they have been made available by the third party who, on behalf of the SERVICE PROVIDER, delivers the ordered products.
5.2.2. Check the good condition of the package in front of the third party who, on behalf of the SERVICE PROVIDER, delivers the requested product, indicating on the delivery note any anomaly that may be detected in the packaging. If, after reviewing the content, the CLIENT detects any incident such as a blow, breakage or any damage caused by the submission, the CONTRACTOR undertakes to notify the SERVICE PROVIDER as soon as possible.
SIXTH. – PROTECTION OF PERSONAL DATA
6.1. We inform the CONTRACTOR of the existence of a file and request for consent for the automated processing of the data: In relation to the personal data provided by the CONTRACTOR to the forms that may be available on its website, THE SERVICE PROVIDER strictly complies with the current regulations established in Law 15/1999 on the Protection of Personal Data and other regulations that develop it and informs the CONTRACTOR that the The aforementioned data will be included in a file for automated processing, and the CONTRACTOR will give its consent by accepting these General Terms and Conditions to the aforementioned processing.
6.2. Purpose of the processing: THE SERVICE PROVIDER collects certain personal data that are entered by the CONTRACTOR into the form to formalize the purchase and sale of the products. THE SERVICE PROVIDER informs that it will automatically manage this data. THE SERVICE PROVIDER will process this data for the invoicing and shipment of the product, as well as for the periodic sending of offers and commercial information to the CONTRACTOR. In any case, the data collected and processed by the SERVICE PROVIDER are basic for the purposes indicated above.
6.3. Mandatory data entry: the fields in which a red box appears in the existing forms are those that require a mandatory response and if they are not filled in, the consequence would be impossible to send the query or to make the specific request.
6.4. Rights of access, rectification, cancellation and opposition: The CONTRACTOR who enters his/her personal data in the different registration forms, will have the full right to exercise his/her rights of access, rectification, cancellation and opposition at any time by requesting it by post to LUCIOLE ILUMINACION C/ San Romualdo 26, 7º, 28037 Madrid or by email to hola@luciole.es including in both cases a copy of his/her ID card or other document that proves identity, of the data subject. THE SERVICE PROVIDER reiterates that it undertakes to respect and absolute confidentiality in the collection and processing of the CONTRACTOR's personal data, declaring its commitment not to transfer it to third parties in any case, without the prior consent of its owners.
6.5. Security. - THE SERVICE PROVIDER ensures the absolute confidentiality and privacy of the personal data collected and for this reason essential security measures have been adopted to prevent alteration, loss, processing or unauthorised access and thus guarantee their integrity and security, especially those provided for in Royal Decree 994/1999, of 11 June, which approves the Regulation on security measures for automated files containing personal data. THE SERVICE PROVIDER will not be responsible in any case for any incidents that may arise around personal data when they derive either from an attack or unauthorized access to the systems in such a way that it is impossible to detect due to the security measures implemented or when it is due to a lack of diligence on the part of the CONTRACTOR in relation to the safekeeping and custody of its access codes or passwords. own personal data.
6.6. Veracity of the data. - The CONTRACTOR is responsible for the veracity of its data, undertaking not to enter false data and to proceed with the modification of the same if necessary.
SEVENTH. –RESPONSIBILITY
7.1. THE SERVICE PROVIDER shall in no case be liable for:
7.1.1. Errors and incidents that may occur in communications or incomplete transmissions in such a way that it is not guaranteed that the services of the website are constantly operational to make purchases of the products offered.
7.1.2. The production of any type of damage that the CONTRACTOR or third parties may cause to the website, preventing the normal development of the purchase operation.
7.2. THE SERVICE PROVIDER reserves the right to suspend access to the website without prior notice, at its discretion and on a permanent or temporary basis, until it is assured of effective liability for any damages that may occur. Likewise, THE SERVICE PROVIDER will cooperate and notify the competent authority of these incidents as soon as it has reliable knowledge that the damage caused constitutes any type of illegal activity. Notwithstanding the foregoing, for those CONTRACTING PARTIES who have purchased a product on the website prior to the suspension, they are guaranteed the exercise of the rights of withdrawal, or those derived from the lack of conformity of the product, by means of postal or electronic communication to the addresses indicated in the heading of this document.
OCTAVE. – COPYRIGHT
THE SERVICE PROVIDER informs that the website www.luciole.es - its own contents, programming and design of the website - is fully protected by copyright, and any reproduction, communication, distribution and transformation of the aforementioned protected elements is expressly prohibited except with the express written consent of the SERVICE PROVIDER.
NINTH.- APPLICABLE LAW AND COMPETENT JURISDICTION
These General Terms and Conditions are governed by Spanish law. In order to resolve any controversy or conflict arising from these General Conditions, THE SERVICE PROVIDER submits to the criteria for determining competence established in the applicable legislation on consumers and users.
TENTH. –
In the event that any clause of these General Conditions is declared null and void, the other clauses shall remain in force and shall be interpreted taking into account the will of the parties and the very purpose of these conditions. THE SERVICE PROVIDER may not exercise any of the rights and powers conferred in this document, which shall not imply in any case the waiver of the same, except for express recognition by the SERVICE PROVIDER.
ELEVENTH.-
Use of cookies: In order to use some functionalities of the website, the use of cookies is necessary. Cookies are used to add products to the cart so that you can make the purchase. They are also used to personalize navigation for each user.
If you wish, you can configure your browser to be notified on the screen of the receipt of cookies and to prevent the installation of cookies on your hard drive. Please refer to your browser's instructions and manuals for more information.
We remind you of the importance of checking the packaging and the product it contains at the time of receipt; If any anomaly is detected, it should be reflected on the carrier's delivery note or invoice and photographs should be taken that reflect the incident for the purposes of correct analysis. Subsequently, with all the documentation, communicate it immediately in writing to www.luciole.es.
Legal conditions of our website shop
We remind you that to access this category of products on our website you must be over 18 years old.
LUCIOLE is not responsible for the misuse of our products or the information contained herein.
It is the user's responsibility to be aware of the law. If you are not a resident of Spain, please check the laws of your country.