Legal Notice
1. Introduction
These General Terms and Conditions of Contract apply to the products and services marketed through this website and its online store by MIREN ARANTZAZU IZURA MUGICA NIF/CIF: 15388038A Address: Calle Gipuzkoa 20 5D, 20800 Zarautz (Guipúzcoa) Email: arantxa@prodoserve.com, (hereinafter the Advertiser or Vendor), whose contact details are available in the Legal Notice incorporated into this Website.
Please read these Terms and Conditions and our Legal Notice, Privacy and Cookies Policy (“Privacy and Cookies Policy”) carefully before using this website. By using this website or placing an order through it, you agree to be bound by these Terms and by our Privacy and Cookies Policy, which constitute an essential requirement for entering into a contract for the services.
2. The User
Access, browsing and use of the Website confers the status of user, who assumes responsibility for the proper use of the website in order to make only legally valid inquiries and purchases or acquisitions.
If it can reasonably be considered that a false or fraudulent purchase has been made, it may be cancelled and the relevant authorities informed.
The Website is primarily intended for Users residing in Spain, and the Vendor does not guarantee that the Website complies with the legislation of other countries, whether wholly or partially, and declines any liability that may arise from such access, nor does it guarantee shipments or provision of services outside Spain.
3. Contracting
3.1 Subjective Requirements. The Services may be contracted by natural persons of legal age or by legal entities. In the case of a legal entity, the request for the Services must be carried out by a duly authorized attorney-in-fact or legal representative of the company.
3.2 Application Data. The applicant is responsible for ensuring that both the data provided in the Contracting process through the online store and any other data relating to the registration process are truthful and accurate, undertaking to notify the Vendor, as soon as possible, of any changes thereto.
3.3 Refusal. The Vendor reserves the right to accept or reject any Contracting request, provided that it verifies that the data supplied are untrue and/or inaccurate, considers that the request submitted does not comply with the terms set out in the Terms and Conditions of Contract and/or damages or may damage its corporate image or is contrary to its commercial purposes.
3.4 Acceptance. A Contract shall be deemed accepted when the applicant receives confirmation of acceptance from the Vendor. In order to contract through the online store, the available services must be selected, the purchase summary reviewed, the requested customer and billing details completed, payment details provided, the General and Specific Terms accepted and the purchase conditions accepted.
4. Purchase or Acquisition Process
Once the purchase procedure has been completed, the User agrees that the Website will generate an electronic invoice, which will be sent to the User by email and, where applicable, through their personal account on the Website. Likewise, the User may, if they so wish, obtain a paper copy of their invoice by requesting it from the Vendor.
The User acknowledges being aware, at the time of purchase, of certain specific conditions of sale concerning the product and/or service in question and depending on each case: name, price, components, weight, quantity, color, product details or characteristics, the manner in which the services will be carried out 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.
Unless expressly stated otherwise, the Vendor is not the manufacturer of the products sold or that may be marketed on the Website, although it makes every effort to ensure that the information displayed on the Website is correct; in some cases, the packaging and/or materials and/or components of the products may contain additional or different information from that shown on the Website.
For this reason, 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.
5. Availability
All purchase orders received through the Website are subject to product availability and/or to no circumstance or cause of force majeure affecting their supply and/or the provision of services.
If difficulties arise regarding the supply of products or products are out of stock, the Vendor undertakes to contact the User and refund any amount that may have been paid. This shall also apply in cases where the provision of a service becomes impossible.
6. Price and Payment Method
The prices displayed on the Website are in Euros (€) and include taxes, unless by legal requirement, especially in relation to VAT, an exemption applies or a different matter is indicated and/or applied. The prices of contracted products will be revised according to any increase experienced by the Consumer Price Index (CPI).
In order to provide maximum security to the payment system, the Vendor uses secure payment systems from leading financial institutions in electronic commerce. In this regard, confidential payment data is transmitted directly and in encrypted form (SSL) to the corresponding financial institution; the accepted payment method is credit or debit card.
It is hereby informed that in purchases made through the online store by debit or credit card, under no circumstances will the Vendor store the data of such cards provided by customers through the payment gateway and they will only be used while the order is being processed.
Shipping costs are included in the final prices of the products as shown on the Website.
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.
The accepted payment methods shall be: Credit or debit card, and PayPal (if indicated). Credit cards will be subject to checks and authorization by the issuing bank; if such bank does not authorize the payment, the Vendor shall not be responsible for any delay or failure to deliver and shall not be able to formalize any contract with the User.
Once the Vendor receives the purchase order from the User through the Website, a pre-authorization will be made on the relevant card to ensure that sufficient funds are available to complete the transaction. The charge to the card will be made at the moment when the shipping confirmation and/or confirmation of the service provided in the established manner and, where applicable, place is sent to the User.
If the payment method is PayPal, the charge will be made at the moment when the Vendor sends confirmation of the purchase or acquisition order of products and/or services to the User.
7. Delivery
In cases where physical delivery of the contracted good is required, deliveries shall be made within the following territory: Spain (Mainland and Balearic Islands).
Except in cases where unforeseen or extraordinary circumstances exist or, where applicable, arising from the customization of products, the purchase order consisting of the products listed in each purchase confirmation shall be delivered within the period indicated on the Website according to the shipping method selected by the User.
If for any reason attributable to it, the Vendor is unable to comply with the delivery date, it shall contact the User to inform them of this circumstance and the User may choose to proceed with the purchase by establishing a new delivery date or cancel the order with a full refund of the price paid.
For the purposes of these Conditions, delivery shall be deemed to have taken place or the order to have been delivered at the moment when the User or a third party indicated by the User acquires physical possession of the products, which shall be evidenced by signing for receipt of the order at the agreed delivery address.
Any risks arising from the products shall be borne by the User from the moment of delivery.
8. Technical Means to Correct Errors
Before clicking on “Buy”, the User has access to the space, cart, or basket where their purchase requests are recorded and may make modifications.
9. Returns
In cases where the User purchases products on or through the Website of the owner, 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 said purchase within 14 calendar days without the need for justification. This withdrawal period shall expire 14 calendar days from the day on which the User or a third party authorized by them, other than the carrier, acquired physical possession of the goods purchased on the Website or, in the case that the goods comprising their order are delivered separately, 14 calendar days from the day on which the User or a third party authorized by them, other than the carrier, acquired physical possession of the last of those goods forming part of the same purchase order, or in the case of a service contract, 14 calendar days from the day of conclusion of the contract.
To exercise this right of withdrawal, the User must notify their decision to the Vendor through the contact channels provided on the Website. In the event of withdrawal, the Vendor shall reimburse the User for all payments received, including delivery costs, using the same payment method used by the User for the initial purchase transaction. This reimbursement shall not generate any additional cost for the User.
However, the Vendor may withhold such reimbursement until it has received the products or items of the purchase, or until the User provides proof of their return, whichever condition is met first.
The Vendor shall inform the User how to proceed with returning the product, and the User must do so without undue delay and, in any event, no later than 14 calendar days from the date of the withdrawal decision.
The User acknowledges that they must bear the direct cost of returning the goods (transport, delivery), if any. Furthermore, they shall be responsible for any diminished 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 Royal Legislative Decree 1/2007 of 16 November, approving the consolidated text of the General Law for the Protection of Consumers and Users and other complementary laws. By way of example, and not exhaustively, this includes: personalized products; products that may deteriorate or expire rapidly; music or video CDs/DVDs without their packaging, as sealed at the factory; products which, for reasons of hygiene or health, are sealed and have been unsealed after delivery.
In the same sense, the provision of a service that the User may contract on this Website shall be governed, as this same Law establishes that the right of withdrawal shall not apply to Users when the service has been fully performed, or when performance has begun, with the express consent of the consumer and user and with their acknowledgment that they are aware that once the contract has been fully performed by the Vendor, they will have lost their right of withdrawal.
Return of Defective Products or Shipping Error
This refers to all cases in which the User considers that, at the time of delivery, the product does not conform to the contract or purchase order and that, therefore, they must contact the Vendor immediately and inform them of the existing non-conformity (defect/error) through the same means or using the contact details provided in the previous section (Right of Withdrawal).
The User will then be informed how to proceed with returning the products, and once returned, they will be examined and the User will be informed, within a reasonable period of time, whether a refund or, where appropriate, replacement is applicable.
The refund or replacement of the product shall be carried out as soon as possible and, in any case, within 14 days following the date on which we send an email confirming that the refund or replacement of the non-conforming item is applicable.
The amount paid for products returned due to a defect, when it actually exists, shall be reimbursed in full, including delivery costs and any expenses the User may have incurred in returning the product. The reimbursement shall be made using the same payment method used by the User to pay for the purchase.
In all cases, the rights recognized by the legislation in force at any given time for the User, as a consumer and user, shall always apply.
10. Guarantees
The User, as a consumer and user, enjoys guarantees on the products they may purchase through this Website, under the legally established terms for each type of product, and the Vendor shall therefore be liable for any lack of conformity that becomes apparent within two years from delivery of the product.
In this regard, products shall be deemed to be in conformity with the contract provided that: they conform to the description given by the Vendor and possess the qualities presented therein; they are fit for the purposes for which products of the same type are ordinarily intended; and they present the usual quality and performance of a product of the same type and which are fundamentally to be expected thereof. 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 Shipping Error.
However, some of the products marketed on the Website may present non-homogeneous characteristics provided that these derive from the type of material with which they have been manufactured and therefore form part of the individual appearance of the product and shall not be considered a defect.
On the other hand, it may occur that the User purchases on the Website a product of a brand or manufactured by a third party. In this case, and if the User considers it to be a defective product, they also have the possibility of contacting the brand or manufacturer responsible for the product in order to find out how to exercise their legal warranty rights directly against them during the two years following delivery of such products. To do so, the User must have retained all information relating to the product warranty.
11. Disclaimer of Liability
Unless otherwise provided by law, the Vendor shall not accept any liability for the following losses, regardless of their origin:
– Any losses that were not attributable to any breach on its part; business losses (including loss of profits, revenue, contracts, anticipated savings, 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 formalized between them.
Likewise, the Vendor also limits its liability in the following cases:
– The Vendor shall act with the utmost diligence in making the product available to the company responsible for transporting the product subject to the purchase order. However, it shall not be liable for damages arising from malfunctioning of transport, especially due to causes such as strikes, roadblocks, and in general any others inherent to the sector, resulting in delays, losses or theft of the product. Technical failures due to fortuitous causes or of another nature that prevent the normal functioning of the service via the internet.
– The Vendor shall also not be responsible for an incorrect return made by the User. It is the User’s responsibility to return the correct product.
In general, the Vendor shall not be liable for any failure or delay in the performance of any of the obligations assumed, when such failure or delay is due to events beyond its reasonable control, that is, due to force majeure.
12. Complaints and Claims
The User may submit their complaints, claims or any other comments they wish to make to the Vendor through the contact details provided in the Legal Notice of this Website.
Furthermore, the Vendor has official complaint forms available to consumers and users, which they may request at any time.
Likewise, if a dispute arises from the conclusion of this purchase contract between the Vendor and the User, the User as a consumer may request an out-of-court dispute resolution, in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) 2006/2004 and Directive 2009/22/EC. This method can be accessed through the following website:
