1. GENERAL INFORMATION
The ownership of this website www.hornosdeleña.com, (hereinafter Website) is held by: ARTYNAV SL, provided with NIF: B97388763 and registered in: Mercantile Registry of Valencia; and whose registration data are: Volume 7663 Book 4962 Folio 179 sheet V-93820, and whose contact details are:
Address: Calle Mestre Gea, 32 - 46727 Real de Gandía
Contact phone number: 962966664
Contact email: info@hornosdelena.com
This document (as well as other documents mentioned here) regulates the conditions governing the use of this Website (www.hornosdeleña.com) and the purchase or acquisition of products and / or services therein (hereinafter , Terms).
For the purposes of these Conditions, it is understood that the activity that Hornosdeleña.com develops through the Website includes:
Manufacture and sale of wood-fired ovens and related accessories.
In addition to reading these Conditions, before accessing, browsing and / or using this website, the User must have read the Legal Notice and the General Conditions of Use, including the cookie policy, and the privacy policy and data protection of Hornosdeleña.com. By using this Website or by making and / or requesting the acquisition of a product and / or service through it, the User agrees to be bound by these Conditions and by all the aforementioned, so if they do not agree with everything Therefore, you should not use this Website.
It is also reported that these Conditions may be amended. The User is responsible for consulting them each time he accesses, browses and / or uses the Website as those that are in force at the time the acquisition of products and / or services is requested will be applicable.
For all questions that the User may have in relation to the Conditions you can contact the owner using the contact details provided above or, if applicable, using the contact form.
2. THE USER
The access, navigation and use of the Website confers the status of user (hereinafter referred to, indiscriminately, individually as a User or jointly as Users), so they are accepted, from the beginning of browsing the Website, all the Conditions established here, as well as their subsequent modifications, without prejudice to the application of the corresponding legal regulations of obligatory fulfillment according to the case.
The User assumes responsibility for the correct use of the Website. This responsibility will extend to:
· Make use of this Website only to make inquiries and legally valid purchases or acquisitions.
· Do not make any false or fraudulent purchase. If a purchase of this nature could reasonably be considered to have been made, it could be canceled and the relevant authorities informed.
· Provide truthful and lawful contact information, for example, email address, postal address and / or other information (see Legal Notice and General Conditions of Use).
The User declares to be over 18 years of age and have the legal capacity to enter into contracts through this Website.
The User may formalize, at their option, with Hornosdeleña.com the contract for the sale of the desired products and / or services in any of the languages in which these Conditions are available on this Website.
3. PURCHASE OR ACQUISITION PROCESS
Duly registered Users can buy on the Website by the established means and forms. They must follow the online purchase and / or acquisition procedure of www.hornosdeleña.com, during which various products and / or services can be selected and added to the cart, basket or final purchase space and, finally, click on: « Finalize purchase »
Likewise, the User must fill in and / or verify the information requested in each step, although, during the purchase process, before making the payment, the purchase data can be modified.
Next, the User will receive an email confirming that Hornosdeleña.com has received their order or request for purchase and / or provision of the service, that is, the order confirmation. And, where appropriate, you will also be informed by email when your purchase is being shipped. Where appropriate, this information could also be made available to the User through their personal connection space to the Website.
Once the purchase procedure has been concluded, the User consents that the Website generates an electronic invoice that will be sent to the User via email if requested but, nevertheless, the invoice will go along with the order. Likewise, the User can, if he so wishes, obtain a copy of his paper invoice, requesting it from Hornosdeleña.com using the contact spaces on the Website or through the contact information provided above.
The User acknowledges being aware, at the time of purchase, of certain particular conditions of sale that concern the product and / or service in question and that are displayed next to the presentation or, where appropriate, its image on its page. of the Website, indicating, by way of example, but not exhaustive, and attending to each case: name, price, components, weight, quantity, color, details of the products, or characteristics, the way in which they will be carried out and / or or cost of benefits; and recognizes that the execution of the purchase or acquisition order materializes the full and complete acceptance of the particular conditions of sale applicable to each case.
The communications, purchase orders and payments that intervene during the transactions carried out on the Website could be filed and kept in the computerized records of Hornosdeleña.com in order to constitute a means of proof of the transactions, in any case, respecting the reasonable security conditions and the laws and regulations in force that are applicable in this regard, and particularly taking into account Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of people with regard to the processing of personal data and the free circulation of these data (RGPD) and Organic Law 3/2018, of December 5, on Protection of Personal Data and guarantee of digital rights, and the rights that assist to Users in accordance with the privacy policy of this Website.
4. AVAILABILITY
All purchase orders received by Hornosdeleña.com through the Website are subject to the availability of the products and / or that no circumstance or force majeure (clause nine of these Conditions) affects the supply thereof and / or the provision of services. If there are difficulties in the supply of products or there are no products in stock, Hornosdeleña.com undertakes to contact the User and reimburse any amount that may have been paid as an amount. This will be equally applicable in cases in which the provision of a service becomes unfeasible.
5. PRICES AND PAYMENT
The prices displayed on the Website are the final ones, in Euros (€) and include taxes, unless due to legal requirements, especially in relation to VAT, a different question is indicated and applied.
However, and unless otherwise indicated, the prices of the items offered INCLUDE shipping costs, which may be incurred.
In no case will the Website add additional costs to the price of a product or service automatically, but only those that are specified on the website and a quote has been sent to the customer for the shipping increments.
Prices may change at any time, but possible changes will not affect orders or purchases in respect of which the User has already received an order confirmation.
The accepted means of payment will be: Credit or debit card, PayPal, Bizum, Aplázame (deferred payment) and Bank transfer
Hornosdeleña.com uses all means to guarantee the confidentiality and security of the payment data transmitted by the User during transactions through the Website. As such, the Website uses a secure payment system SSL (Secure Socket Layer).
Credit cards will be subject to checks and authorizations by the issuing bank, if said entity does not authorize payment, Hornosdeleña.com will not be responsible for any delay or lack of delivery and will not be able to formalize any contract with the User.
If the means of payment is PayPal, the charge will be made when Hornosdeleña.com sends a confirmation of the purchase order or acquisition of products and / or services to the User.
In any case, by clicking on "Complete purchase" the User confirms that the payment method used is his.
Purchase or acquisition orders in which the User selects the bank transfer as a means of payment will be reserved for 5 calendar days from the order confirmation in order to allow enough time for the bank transfer to be taken into account by the system. of payments used by Hornosdeleña.com for the Website. When the system receives the transfer, the order will be prepared and managed for shipping.
Through this payment method, the User must ensure that he correctly enters the exact amount of the purchase order, as well as the account number and the transfer reference. In the event of an error, Hornosdeleña.com will not be able to validate the order, which will be canceled.
6. DELIVERY
In the cases in which it is appropriate to make the physical delivery of the contracted good, the deliveries will be made within the following territory: Spain (Peninsula and Balearic Islands) and Portugal.
Except for those cases in which there are unforeseen or extraordinary circumstances or, where appropriate, derived from the customization of the products, the purchase order consisting of the related products in each purchase confirmation will be delivered according to the following deadlines:
Orders under 30 kg: Delivery period up to 3 working days from the day after the merchandise leaves our facilities.
Orders over 30 kg: Delivery period up to 5 working days from the day after the merchandise leaves our facilities.
Wood ovens and large loads. Delivery period up to 7 working days from the day after the merchandise leaves our facilities.
If for any reason, which was attributable to it, Hornosdeleña.com could not meet the delivery date, it will contact the User to inform him of this circumstance and, he may choose to proceed with the purchase by establishing a new delivery date or cancel the order with full refund of the price paid. In any case, home deliveries are made on working days.
If it is impossible to deliver the order due to the User's absence, the order could be returned to the warehouse. However, the carrier would leave a notice explaining where the order is and how to get it delivered again.
If the User is not going to be at the place of delivery in the agreed time slot, they must contact Hornosdeleña.com to arrange delivery another day.
In the event that 15 days have elapsed since your order is available for delivery, and it has not been delivered for reasons not attributable to Hornosdeleña.com, Hornosdeleña.com will understand that the User wishes to withdraw from the contract and it will be considered resolved. As a result of the termination of the contract, all payments received from the User will be returned, except for the additional costs resulting from the User's own choice of a delivery method other than the less expensive mode of ordinary delivery offered by the Website. , without any undue delay and, in any case, within a maximum period of 14 calendar days from the date the contract is considered terminated.
However, the User must bear in mind that the transport derived from the resolution may have an additional cost that may be passed on.
For the purposes of these Conditions, it will be understood that the delivery has occurred or that the order has been delivered at the moment in which the User or a third party indicated by the User acquires material possession of the products, which will be accredited by the signature of the receipt of the order at the agreed delivery address.
The 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 Hornosdeleña.com receives full payment of all amounts due in relation to the purchase or acquisition made, including shipping costs, or at the time of delivery, if it takes place in a moment after the full receipt of the amount to be paid by Hornosdeleña.com.
In accordance with the provisions of Law 37/1992, of December 28, on Value Added Tax (VAT), purchase orders for delivery and / or provision will be understood to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory except the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be the one legally in force at all times depending on the specific article in question.
7. TECHNICAL MEANS TO CORRECT ERRORS
The User is informed that in the event that they detect that an error has occurred when entering the data necessary to process their purchase request on the Website, they may modify them by contacting Hornosdeleña.com through the spaces of contact enabled on the Website, and, where appropriate, through those enabled to contact customer service, and / or using the contact information provided in the first clause (General information). Likewise, this information could also be corrected by the User through their personal connection space to the Website.
In any case, the User, before clicking on "Complete purchase", has access to the space, cart, or basket where their purchase requests are noted and can make modifications.
Similarly, the User is referred to consult the Legal Notice and General Conditions of Use and, specifically, the Privacy Policy to obtain more 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 April 27, 2016, regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data (RGPD) and in Organic Law 3/2018, of December 5, Protection of Personal Data and guarantee of digital rights.
8. RETURNS
In the cases in which the User acquires products on or through the Owner's Website, they are assisted by a series of rights, as listed and described below:
Right of withdrawal
The User, as consumer and user, makes a purchase on the Website and, therefore, has the right to withdraw from said purchase within a period of 14 calendar days without the need for justification.
This withdrawal period will expire 14 calendar days from the day that the User or a third party authorized by him, other than the carrier, acquired material possession of the goods acquired on the Hornosdeleña.com Website or in the event that the goods that make up your order are delivered separately, 14 calendar days from the day that the User or a third party authorized by him, other than the carrier, acquired material possession of the last of those goods that made up the same purchase order, or in the case in the case of a service contract, 14 calendar days from the day the contract is concluded.
To exercise this right of withdrawal, the User must notify Hornosdeleña.com of his decision. You can do so, where appropriate, through the contact spaces provided on the Website.
The User, regardless of the means they choose to communicate their decision, must clearly and unequivocally express that it is their intention to withdraw from the purchase contract. In any case, the User may contact Hornosdeleña.com and express his intention to withdraw from the contract.
To meet the withdrawal period, it is enough that the communication that unequivocally expresses the decision to withdraw is sent before the corresponding period expires.
In the event of withdrawal, Hornosdeleña.com will reimburse the User for all payments received, except for the shipping costs (and with the exception of the additional costs chosen by the User for a shipping method other than the less expensive method offered on the Website. ) without any undue delay and, in any case, no later than 14 calendar days from the date on which Hornosdeleña.com is informed of the User's decision to withdraw.
Hornosdeleña.com will reimburse the User through bank transfer and whose data must be provided to the seller. This refund will not generate any additional cost to the User. However, Hornosdeleña.com could withhold said reimbursement until the products or items of the purchase have been received to check their status.
The User can return or send the products to Hornosdeleña.com at: Calle Mestre Gea, 32 - 46727 Real de Gandía
And it must do so without any undue delay and, in any case, no later than 14 calendar days from the date Hornosdeleña.com was informed of the withdrawal decision.
The User acknowledges knowing that he must bear the direct cost of return (transport, delivery) of the goods, if any were incurred. In addition, it will be responsible for the decrease in value of the products resulting from a manipulation other than that necessary to establish the nature, characteristics and operation of the goods.
In any case, no refund will be made if the product has been used beyond the mere opening of it, for products that are not in the same condition in which they were delivered or that have suffered any damage after delivery.
Likewise, the products must be returned using or including all their original packaging, instructions and other documents that accompany them, as well as a copy of the purchase invoice.
Return of defective products or shipping errors
These are all those cases in which the User considers that, at the time of delivery, the product does not conform to what is stipulated in the contract or purchase order, and that, therefore, they should contact Hornosdeleña. com immediately and let you know the existing disagreement (defect / error) by the same means or using the contact information provided in the previous section (Right of Withdrawal).
The User will then be informed about how to proceed with the return of the products, and these, once returned, will be examined and the User will be informed, within a reasonable period of time, if the refund or, where appropriate, the replacement of the same. .
The refund or replacement of the product will be made as soon as possible and, in any case, within 14 days from the date on which we send you an email confirming that the refund or replacement of the non-compliant item is appropriate.
The amount paid for those products that are returned due to a defect, when it actually exists, will be fully reimbursed, including delivery costs and the costs that the User may have incurred to make the return. The refund will be made through bank transfer and whose data must be provided to the seller
In any case, the rights recognized in the legislation in force at all times for the User, as consumer and user, will always be respected.
Warranty
The User, as consumer and user, enjoys guarantees on the products that can be purchased through this Website, in the legally established terms for each type of product, with Hornosdeleña.com responding, therefore, due to the lack of conformity of the same that is manifested within a period of two years from the delivery of the product.
In this sense, it is understood that the products are in accordance with the contract provided that: they conform to the description made by Hornosdeleña.com and possess the qualities presented in it; are suitable for the uses to which products of the same type are ordinarily destined; and present the usual quality and performance of a product of the same type and that are fundamentally expected from it. 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 error in shipping. However, some of the products that are marketed on the Website, could present non-homogeneous characteristics as long as these derive from the type of material with which they have been manufactured, and that therefore will form part of the individual appearance of the product, and they will not be a defect.
On the other hand, it could be the case that the User acquires a product from a brand or manufactured by a third party on the Website. In this case, and considering the User that it is a defective product, he or she also has the possibility of contacting the brand or manufacturer responsible for the product to find out how to exercise their legal guarantee right directly against them during the two years following the delivery of said products. For this, the User must have kept all the information in relation to the guarantee of the products.
9. DISCLAIMER OF LIABILITY
Except for legal provision to the contrary, Hornosdeleña.com will not accept any responsibility for the following losses, regardless of their origin:
· Any losses that were not attributable to any default on your part;
· Business losses (including lost profits, income, contracts, anticipated savings, data, loss of goodwill or unnecessary expenses incurred); or from
· 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 both parties.
Likewise, Hornosdeleña.com also limits its liability in the following cases:
- Hornosdeleña.com applies all the measures concerning to provide a faithful display of the product on the Website, however it is not responsible for the minimum differences or inaccuracies that may exist due to lack of resolution of the screen, or problems of the browser that is used. or others of this nature.
- Hornosdeleña.com will act with the utmost diligence in order to make available to the company in charge of transporting the product that is the object of the purchase order. However, it is not responsible for damages arising from a malfunction of transport, especially for causes such as strikes, road retentions, and in general any other specific to the sector, which result in delays, losses or theft of the product.
- Technical failures that, due to fortuitous or other causes, prevent the normal operation of the service through the Internet. Lack of availability of the Website for maintenance or other reasons, which prevents the availability of the service. Hornosdeleña.com uses all the means at its disposal in order to carry out the process of purchase, payment and shipping / delivery of the products, however it is exempt from liability for causes that are not attributable to it, unforeseeable circumstances or force majeure.
- Hornosdeleña.com will not be responsible for the misuse and / or wear of the products that have been used by the User. At the same time, Hornosdeleña.com will not be responsible for an erroneous return made by the User. It is the User's responsibility to return the correct product.
- In general, Hornosdeleña.com will not be responsible for any breach or delay in the fulfillment of any of the obligations assumed, when it is due to events that are beyond its reasonable control, that is, due to force majeure , and this may include, but not limited to:
- Strikes, lockouts or other industrial action.
- Civil commotion, revolt, invasion, threat or terrorist attack, war (declared or not) or threat or preparations for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
- Impossibility of using trains, boats, airplanes, motor transport or other means of transport, public or private.
- Inability to use public or private telecommunication systems.
- Acts, decrees, legislation, regulations or restrictions of any government or public authority.
In this way, the obligations will be suspended during the period in which the force majeure continues, and Hornosdeleña.com will have an extension in the term to fulfill them for a period of time equal to the duration of the force majeure. Hornosdeleña.com will use all reasonable means to find a solution that allows it to comply with its obligations despite the cause of force majeure.
10. WRITTEN COMMUNICATIONS AND NOTIFICATIONS
By using this Website, the User accepts that most of the communications with Hornosdeleña.com are 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 that Hornosdeleña.com sends electronically comply with the legal requirements of being in writing. This condition will not affect the rights recognized by law to the User.
The User can send notifications and / or communicate with Hornosdeleña.com through the contact information provided in these Conditions and, where appropriate, through the contact spaces on the Website.
Likewise, unless otherwise stipulated, Hornosdeleña.com can contact and / or notify the User by email or at the postal address provided.
11. DISCLAIMER
No waiver by Hornosdeleña.com to a specific right or legal action or the lack of requirement by Hornosdeleña.com of the strict compliance by the User of any of its obligations will imply, nor a waiver of other rights or actions derived from a contract or the Conditions, nor will it exonerate the User from compliance with their obligations.
No resignation by Hornosdeleña.com to any of these Conditions or to the rights or actions derived from a contract will take effect, unless it is expressly established that it is a resignation and it is formalized and communicated to the User in writing.
12. NULLITY
If any of these Conditions are declared null and void by a final decision issued by a competent authority, the remaining clauses will remain in force, without being affected by such declaration of invalidity.
13. ENTIRE AGREEMENT
These Conditions and any document to which express reference is made in these constitute the entire agreement existing between the User and Hornosdeleña.com in relation to the object of sale and replace any other agreement, agreement or previous promise agreed verbally or in writing by the same parts.
The User and Hornosdeleña.com acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except for what is expressly mentioned in these Conditions.
14 DATA PROTECTION
The information or personal data that the User provides to Hornosdeleña.com in the course of a transaction on the Website, will be treated in accordance with the provisions of the Privacy Policy or data protection (contained, where appropriate, in the Legal Notice and General Conditions of Use). By accessing, browsing and / or using the Website, the User consents to the processing of said information and data and declares that all the information or data provided are true.
15. APPLICABLE LAW AND JURISDICTION
Access, navigation and / or use of this Website and product purchase contracts through it will be governed by Spanish legislation.
Any controversy, problem or disagreement that arises or is related to the access, navigation and / or use of the Website, or with the interpretation and execution of these Conditions, or with the sales contracts between Hornosdeleña.com and the User, will be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.
16. COMPLAINTS AND CLAIMS
The User can send his complaints, claims or any other comment that he wishes to make to Hornosdeleña.com through the contact information provided at the beginning of these Conditions (General Information).
In addition, Hornosdeleña.com has official complaint forms available to consumers and users, and which they can request from Hornosdeleña.com at any time, using the contact information provided at the beginning of these Conditions (General Information).
Likewise, if a dispute arises from the conclusion of this purchase contract between Hornosdeleña.com and the User, the User as a consumer may request an out-of-court settlement of disputes, in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council, of May 21, 2013, on online dispute resolution in consumer matters and amending Regulation (EC) 2006/2004 and Directive 2009/22 / EC. You can access this method through the following website: https://ec.europa.eu/consumers/odr/.