This contractual document will govern the General Conditions for contracting products (hereinafter, "Conditions") through the website www.huakaldesign.com, property of Isana Ibérica under the registered trademark of Huakal, whose contact information also appears in the Notice. Legal of this Website.
These Conditions will remain published on the website at the disposal of the USER (hereinafter CLIENT) to reproduce and save them as confirmation of the contract, and may be modified at any time by Isana Ibérica SL. It is the CUSTOMER's responsibility to read them periodically, since those that are in force at the time of placing orders will be applicable.
The 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.
Acceptance of this document means that the CLIENT:
- You've read, you understand and you're agree with this text.
- It is a person with sufficient capacity to hire.
- Assume all obligations set forth herein.
These conditions will have an indefinite period of validity and will be applicable to all contracts made through the Huakal website.
Huakal 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 acquired prior to the modification.
Identity of the contracting parties
On the one hand, the provider of the products contracted by the CLIENT is Huakal, with registered office at Calle Recoletos 19, 1º, 28001, Madrid, CIF B67752634 and with customer service telephone number 67098532.
And on the other hand, the CLIENT, registered on the website using a username and password, over which he has full responsibility for use and custody, and is responsible for the veracity of the personal data provided to Huakal.
Object of the contract
The purpose of this contract is to regulate the contractual sales relationship born between Huakal and the CUSTOMER at the time the CLIENT accepts the corresponding box during the online contracting process.
The contractual sales relationship involves the delivery, in exchange for a specific price publicly displayed through the website, of a specific product.
The CLIENT 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 notify Huakal of the loss or theft of these or possible access by an unauthorized third party. so that it proceeds to immediate blocking.
Once the CLIENT account has been created, you are informed that in accordance with the requirements of article 27 of Law 34/2002, on Information Society Services and Electronic Commerce (LSSICE), the contracting procedure will follow the following steps:
- General contracting clauses.
- Shipping and delivery of orders.
- Right of withdrawal.
- Claims and online dispute resolution.
- Force Majeure.
- Generalities of the offer.
- Price and validity period of the offer.
- Transportation expenses.
- Payment method, expenses and discounts.
- Purchasing process.
- Dissociation and suspension or termination of the contract.
- Guarantees and returns.
- Applicable law and jurisdiction.
GENERAL CONTRACTING CLAUSES
Unless specifically stipulated in writing, placing a Huakal order will imply acceptance by the CUSTOMER of these legal conditions. No stipulation made by the CUSTOMER may differ from those of Huakal if it has not been expressly accepted in advance and in writing by Huakal.
SHIPPING AND DELIVERY OF ORDERS
Huakal will not ship any order until it has verified that payment has been made.
Shipments of merchandise will usually be made by DHL courier, according to the destination freely designated by the CUSTOMER.
The delivery time will be between 2 and 5 business days, depending on the destination population and the chosen payment method. This term is understood provided that the availability of the merchandise has been confirmed and full payment of the order has been verified.
Failure to execute the remote contract
If the contract cannot be executed because the contracted product is not available within the expected period, the CUSTOMER will be informed of the lack of availability and will be entitled to cancel the order and receive a refund of the total amount paid at no cost. and without this resulting in any liability for damages attributable to Huakal.
Huakal will not assume any responsibility when the delivery of the product or service does not take place, because the data provided by the CLIENT is false, inaccurate or incomplete.
The delivery will be considered made when the carrier has made the products available to the CUSTOMER and the CUSTOMER, or his delegate, has signed the delivery receipt document.
It is the CUSTOMER's responsibility to verify the products upon receipt and expose all reservations and claims that may be justified in the delivery receipt document.
RIGHT OF WITHDRAWAL
To exercise the right of withdrawal, you must notify us at email@example.com
The CUSTOMER has a period of fourteen calendar days, counted from the date of receipt of the product, to exercise the right of withdrawal. If Huakal does not comply with the duty of information and documentation regarding the right of withdrawal, the period for its exercise will end twelve months after the expiration date of the initial withdrawal period (article 71 of Law 3/2014, of March 27 ).
The right of withdrawal may not be applied in the following cases:
- When the product packaging is not the original or is not in perfect condition, Huakal may charge the cost of the packaging. The original packaging must protect the product so that it is received in perfect condition, and the use of seals and adhesive tapes applied directly to it is prohibited to avoid replacement costs.
- When the product is opened without being able to prove that it has not been used.
- The supply of sealed goods that are not suitable for return for health protection or hygiene reasons and that have been unsealed after delivery.
- The supply of products that, after delivery and taking into account their nature, have been inseparably mixed with other goods.
All returns must be communicated to Huakal, requesting a return number by email to firstname.lastname@example.org, indicating the corresponding invoice or order number.
We will be able to manage the return for you, providing you with a label from the carrier that will collect the products previously packaged and packaged by the CUSTOMER. These return costs will be deducted from the amount to be returned for the items.
The CUSTOMER can also return the items by their own means by sending them to the following address and the amount of the products will be refunded once the merchandise has arrived and we have checked it.
C/Recoletos 19, 1º
Any incident will be attributable to the party responsible for it. Huakal will be responsible for the expenses of those incidents that depend directly on Huakal.
CLAIMS AND DISPUTE RESOLUTION ONLINE
Any claim that the CLIENT considers appropriate will be attended to as soon as possible, and can be made at the following contact addresses:
Postcard: Calle Recoletos 19, 1º, 28001, Madrid.
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 CLIENT and Huakal, without the need to resort to the courts of law, through the intervention of a third, 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 the ODR platform: http://ec.europa.eu/consumers/odr/
The parties will not incur liability for any failure due to a major cause. Compliance with the obligation will be delayed until the case of force majeure ceases.
The CUSTOMER 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 CUSTOMER declares to have read, know and accept these Conditions in their entirety.
GENERALITIES OF THE OFFER
All sales and deliveries made by Huakal individuals will prevail.
Given the continuous technical advances and product improvements, Huakal 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 have
validity in the event that, for any reason, the possibility of supplying the products offered is affected.
PRICE AND PERIOD 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 indicated otherwise, do not include shipping or communication costs, handling, packaging, shipping insurance or any other additional services and annexes to the product purchased.
The prices applicable to each product are those published on the website and are expressed in EURO currency. The CUSTOMER 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 quote online: items, quantities, price, availability, shipping costs, charges, discounts, taxes and the purchase total. Prices may change daily while the order is not placed.
Every payment made by Huakal entails the issuance of an invoice in the name of the registered CUSTOMER or the company name that the CUSTOMER has informed at the time of placing the order. Once the shipment is confirmed, the CUSTOMER will receive a delivery note with the order information. If you want to receive an invoice by email, you must request it by any of the means that Huakal makes available to you.
For any information about the order, the CUSTOMER may contact the Huakal customer service telephone number 670985326 or via email to the address email@example.com
The prices published in the store do not include shipping costs unless expressly agreed otherwise in writing. Shipping costs will be calculated at the time of saving the basket, since they are calculated by the price of the order. Within the Peninsula and the Balearic Islands, shipping costs are €6. For purchases over €100, shipping is free. No shipments are made to the Canary Islands, Ceuta, or Melilla.
PAYMENT FORMS, CHARGES AND DISCOUNTS
Huakal is responsible for economic transactions and allows the following ways to pay for an order:
Credit card: MasterCard, Maestro American Express and Visa
The CUSTOMER may use a discount coupon at the time prior to completing the purchase if it has been received by Huakal.
The website uses information security techniques generally accepted in the industry, such as SSL, data entered in secure pages, firewalls, access control procedures and cryptographic mechanisms, all with the aim of preventing unauthorized access to the data. To achieve these purposes, the CLIENT accepts that Huakal obtains data for the corresponding authentication of access controls.
Huakal 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 the card brand programs: 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 or cards.
Any product from our catalog can be added to the cart. In this, only the items and the price will be observed. Once the basket is saved, taxes, charges and discounts will be calculated according to the payment and shipping information entered.
The baskets do not have any administrative connection, it is only a section where a budget can be simulated without any commitment on both parties.
From the basket you can place an order by following the following steps for its correct formalization:
- Checking billing information.
- Checking the shipping address.
- Selection of the payment method.
- Place the order (buy).
Once the order is processed, the system instantly sends an email to the Huakal management department and another to the CUSTOMER's email confirming the placement of the order.
Orders (purchase requests)
Within a maximum of 24 hours, on business days, an email will be sent to the CUSTOMER confirming the status of the order and the approximate shipping and/or delivery date.
DISASSOCIATION AND SUSPENSION OR TERMINATION OF THE CONTRACT
If any of these terms and conditions shall be deemed unlawful, void or for any reason unenforceable, this condition shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions.
Huakal may, without prior notice, suspend or terminate the CLIENT's access to its services and training, in whole or in part, for any valid reason, including, without limitation, when the CLIENT fails to comply or follow any of the established obligations. herein or any applicable legal provision, license, regulation, directive, code of practice or usage policies.
Where Huakal exercises any of its rights or powers under this Clause, such exercise shall not prejudice or affect the exercise of any other right, power or remedy that may be available to Huakal.
GUARANTEES AND RETURNS
The legal guarantee of the products offered will be 3 years from the day it appears on the invoice or purchase receipt and will respond to the following articles based on Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and CUSTOMERS and other complementary laws:
Article 114. General principles.
The seller is obliged to deliver to the consumer and CUSTOMER products that comply with the contract, answering to him for any lack of conformity that exists at the time of delivery of the product.
Article 115. Scope of application.
Contracts for the sale of products and contracts for the supply of products that are to be produced or manufactured are included in the scope of application of this title.
The provisions of this title will not apply to products acquired through judicial sale, to water or gas, when they are not packaged for sale in a limited volume or determined quantities, and to electricity. Nor will it apply to second-hand products purchased at an administrative auction to which consumers and users can attend in person.
Article 116. Compliance of the products with the contract.
Unless proven otherwise, it will be understood that the products comply with the contract as long as they meet all the requirements expressed below, unless due to the circumstances of the case any of them are not applicable.
- a) They conform to the description made by the seller and possess the qualities of the product that the seller has presented to the consumer and user in the form of a sample or model.
- b) They are suitable for the uses to which products of the same type are ordinarily intended.
- c) Are suitable for any special use required by the consumer and user when this has been made known to the seller at the time of conclusion of the contract, provided that the seller has admitted that the product is suitable for said use.
- d) They present the usual quality and performance of a product of the same type that the consumer and user can reasonably expect, taking into account the nature of the product and, where appropriate, the public declarations on the specific characteristics of the products made by the seller, the producer or his representative, in particular in advertising or labeling. The seller will not be bound by such public statements if he proves that he was unaware and could not reasonably be expected to be aware of the statement in question, that such statement had been corrected at the time of conclusion of the contract or that such statement could not influence the decision to purchase. the product.
The lack of conformity resulting from incorrect installation of the product will be equated to the lack of conformity of the product when the installation is included in the sales or supply contract regulated in article 115.1 and has been carried out by the seller or under his responsibility. or by the consumer and user when the defective installation is due to an error in the installation instructions.
There will be no liability for lack of conformity that the consumer and user knew or could not have reasonably ignored at the time of the conclusion of the contract or that have their origin in materials supplied by the consumer and user.
Article 117. Incompatibility of actions.
The exercise of the actions contemplated in this title will be incompatible with the exercise of the actions derived from the correction of hidden defects in the sale.
In any case, the consumer and user will have the right, in accordance with civil and commercial legislation, to be compensated for damages derived from the lack of conformity.
Article 118. Responsibility of the seller and rights of the consumer and CUSTOMER.
The consumer and user has the right to repair the product, replace it, reduce the price or terminate the contract, in accordance with the provisions of this title.
Article 119. Repair and replacement of the product.
If the product does not comply with the contract, the consumer and user may choose between demanding the repair or replacement of the product, unless one of these two options is objectively impossible or disproportionate. From the moment the consumer and user communicate the chosen option to the seller, both parties must adhere to it. This decision of the consumer and CUSTOMER is understood without prejudice to the provisions of the following article for cases in which the repair or replacement fails to bring the product into compliance with the contract.
The form of correction that, in comparison with the other, imposes unreasonable costs on the seller will be considered disproportionate, taking into account the value that the product would have if there were no lack of conformity, the relevance of the lack of conformity and whether the alternative form of sanitation could be carried out without major inconveniences for the consumer and CUSTOMER.
Article 120. Legal regime for the repair or replacement of the product.
Repair and replacement will comply with the following rules:
They will be free for the consumer and user. Said gratuity will include the necessary expenses incurred to remedy the lack of conformity of the products with the contract, especially shipping costs, as well as costs related to labor and materials.
They must be carried out within a reasonable period of time and without major inconveniences for the consumer and user, taking into account the nature of the products and the purpose they had for the consumer and user.
The repair suspends the calculation of the deadlines referred to in article 123. The suspension period will begin from the moment the consumer and user makes the product available to the seller and will conclude with the delivery to the consumer and user of the already repaired product. During the six months following delivery of the repaired product, the seller will be responsible for the lack of conformity that motivated the repair, presuming that it is the same lack of conformity when defects of the same origin as those initially manifested are reproduced in the product.
If the repair is completed and the product is delivered, it continues to be non-compliant with the contract, the consumer and user may demand the replacement of the product, unless this option is disproportionate, the price reduction or the termination of the contract under the terms provided in This chapter.
The substitution suspends the deadlines referred to in article 123 from the exercise of the option by the consumer and user until the delivery of the new product. In any case, article 123.1, second paragraph, will apply to the substitute product.
If the replacement fails to bring the product into compliance with the contract, the consumer and CUSTOMER may demand the repair of the product, unless this option is disproportionate, the price reduction or the termination of the contract in the terms provided in this chapter.
The consumer and user may not demand replacement in the case of non-fungible products, nor in the case of second-hand products.
Article 121. Price reduction and termination of the contract.
The price reduction and the termination of the contract will proceed, at the discretion of the consumer and user, when the latter could not demand the repair or replacement and in cases in which these have not been carried out within a reasonable period of time or without major inconveniences for the user. consumer and user. The resolution will not proceed when the lack of conformity is of minor importance.
NOTE according to art. 108.2: The user is informed that he or she will only be responsible for the decrease in value of the goods resulting from their handling other than that necessary to establish their nature, characteristics or operation. In no case will he be responsible for the decrease in value of the goods if the businessman has not informed him of his right of withdrawal in accordance with article 97.1.i).
Article 122. 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 said delivery.
Article 123. Deadlines.
The seller is responsible for any lack of conformity that appears within a period of two years from delivery. In second-hand products, the seller and the consumer and CUSTOMER may agree on a shorter period, which may not be less than one year from delivery. Unless proven otherwise, it will be presumed that the lack of conformity that appears within six months after the delivery of the product, whether new or second-hand, already existed when the thing was delivered, except when this presumption is incompatible with the nature of the product or the nature of the lack of conformity.
Unless proven otherwise, delivery is deemed to have been made on the day that appears on the invoice or purchase receipt, or on the corresponding delivery note if this is later.
The seller is obliged to deliver to the consumer or CUSTOMER who exercises his or her right to repair or replacement, documentary justification of the delivery of the product, stating the delivery date and the lack of conformity that causes the exercise of the right. Likewise, together with the repaired or replaced product, the seller will deliver to the consumer or CUSTOMER documentary justification of the delivery stating the date of delivery and, where applicable, the repair carried out.
The action to claim compliance with the provisions of Chapter II of this title will expire three years from the delivery of the product.
The consumer and user must inform the seller of the lack of conformity within two months of becoming aware of it. Failure to comply with said deadline will not entail the loss of the right to the corresponding correction, with the consumer and CUSTOMER being responsible, however, for any damages or losses actually caused by the delay in communication. Unless proven otherwise, it will be understood that the communication between the consumer and user has taken place within the established period.
Article 124. Action against the producer.
When it is impossible or an excessive burden for the consumer and user to contact the seller due to the lack of conformity of the products with the contract, they may complain directly to the producer in order to obtain replacement or repair of the product.
In general, and without prejudice to the fact that the producer's responsibility ceases, for the purposes of this title, in the same terms and conditions as those established for the seller, the producer will be responsible 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 the standards that regulate them.
Whoever has responded to the consumer and user will have a period of one year to repeat this to the person responsible for the lack of conformity. This period is computed from the moment in which the cleanup was completed.
APPLICABLE LAW AND JURISDICTION
These conditions will be governed or interpreted in accordance with Spanish legislation in that which is not expressly established. Huakal and the CUSTOMER agree to submit to the courts and tribunals of Huakal's domicile any controversy that may arise from the provision of the products or services that are the subject of these Conditions.
In the event that the CLIENT is domiciled outside of Spain, Huakal and the CLIENT expressly renounce any other forum, submitting to the Dispute Resolution Body that will act as an intermediary between both in accordance with Art. 14.1 of Regulation (EU) 524/2013. , without having to resort to the courts of law. For more information, see clause «4. CLAIMS AND ONLINE DISPUTE RESOLUTION» of these Conditions.