GENERAL CONDITIONS OF CONTRACT

 

 

Introduction

This contractual document will govern the General Conditions of contracting products  (hereinafter, "Conditions") through the todoescape.es website, owned by JOSE ANTONIO MIRA FERNANDEZ under the trademark of , hereinafter, PROVIDER, whose contact details also appear in the Legal Notice of this Website.

These Conditions will remain published on the website available to the USER to reproduce and save them as confirmation of the contract, and may be modified at any time by JOSE ANTONIO MIRA FERNANDEZ. It is the responsibility of the USER to read them periodically, since those that are in force at the time of placing orders will be applicable. JOSE ANTONIO MIRA FERNANDEZ will file the electronic document where the purchase is formalized and will have it available to the USER in case he requests it.

Contracts will not be subject to any formality except in the cases expressly indicated in the Civil and Commercial Codes and in this or other special laws.

The acceptance of this document implies that the USER:

• You have read, understand and understand what is stated here.
• It is a person with sufficient capacity to hire.
• Assumes all obligations set forth herein.

These conditions will have an indefinite period of validity and will be applicable to all contracts made through the PROVIDER's website.

The PROVIDER informs that the trade 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 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 USER is JOSE ANTONIO MIRA FERNANDEZ, with registered office at AV. VENECIA, 36 BQ 1 2ºA30319 CARTAGENA (Murcia), NIF 23004591Z and with customer service telephone 605825938.

And on the other, the USER, registered on the website by means of 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 the PROVIDER.

 

 

Object of the contract

The purpose of this contract is to regulate the contractual relationship of sale born between the PROVIDER and the USER at the moment in which the latter accepts the corresponding box during the online contracting process.

The contractual relationship of sale entails the delivery, in exchange for a certain price and publicly exposed through the website, of a specific product.

 

 

Rectification of data

When the USER identifies errors in the data published on the website or in the documents generated by the contractual relationship, he may notify the jose.mira@todoescape.es email so that JOSE ANTONIO MIRA FERNANDEZ corrects them as soon as possible.

The USER may keep their data updated by accessing their user account.

 

 

Procurement procedure

The USER, in order to access the products or services offered by the PROVIDER, must be of legal age or an emancipated minor and register through the website by creating a user account. Therefore, the USER must freely and voluntarily provide the personal data that will be required, which will be treated in accordance with the provisions of Regulation (EU) 2016/679, of April 27, 2016 (GDPR), regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data and Organic Law 3/2018,  of December 5 (LOPDGDD), regarding the protection of personal data and detailed in the Legal Notice and in the Privacy Policy of this website.

The USER 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 communicate to the PROVIDER the loss or theft of the same or the possible access by an unauthorized third party, so that it proceeds to the immediate blocking.

Once the user account has been created, it is reported that in accordance with the requirements of article 27 of Law 34/2002, on Services of the Information Society and Electronic Commerce (LSSICE), the contracting procedure will follow the following steps:

1. General contracting clauses.

 

2. Shipping and delivery of orders.

 

3. Right of withdrawal.

 

4. Online Complaints and Dispute Resolution.

 

5. Force majeure.

 

6. Competition.

 

7. Offer Overview.

 

8. Price and period of validity of the offer.

 

9. Transportation costs.

 

10. Payment method, expenses and discounts.

 

11. Purchase process.

 

12. Dissociation and suspension or termination of the contract.

 

13. Warranties and Returns.

 

14. Governing Law and Jurisdiction.

 

 

1. GENERAL CLAUSES OF CONTRACTSWalvo particular stipulation in writing, the realization of an order to the PROVIDER will imply the acceptance by the USER of these legal conditions. No stipulation made by the USER may differ from those of the PROVIDER if it has not been expressly accepted in advance and in writing by the PROVIDER.

 

 

2. SHIPPING AND DELIVERY OF ORDERS

The PROVIDER will not send any order until it has verified that the payment has been made.

Shipments of goods will usually be made by EXPRESS COURIER (POSTAL EXPRESS, SEUR, UPS, STD, etc.) , according to the destination freely designated by the USER.

The shipment will be made once the availability of the goods has been confirmed and the payment of the order has been verified.

The delivery time will be between 2 and 6 working days, depending on the destination population and the payment method chosen.  The expected date of shipment and delivery will be provided prior to the confirmation of the order.

Failure to perform the distance contract

In case of not being able to execute the contract because the product or service contracted is not available within the established period, the USER will be informed of the lack of availability and that he will be entitled to cancel the order and receive a refund of the total amount paid without any cost, and without any liability for damages attributable to the PROVIDER.

In case of unjustified delay on the part of the PROVIDER with respect to the refund of the total amount, the USER may claim to be paid twice the amount due, without prejudice to his right to be compensated for damages suffered in excess of said amount.

The PROVIDER will not assume any responsibility when the delivery of the product or service does not take place, because the data provided by the USER is false, inaccurate or incomplete.

The delivery will be considered made at the moment in which the carrier has made the products available to the USER and this, or the delegate of this, has signed the document of receipt of the delivery.

The PROVIDER will respond to the USER for any lack of conformity that exists at the time of delivery of the order, and the USER, by means of a simple declaration, may demand the correction of said lack of conformity, the reduction of the price or the termination of the contract. In any of these cases, the USER may also demand compensation for damages, if applicable.

The USER shall have the right to suspend payment of any outstanding part of the price of the product purchased until the PROVIDER complies with the obligations established in this contract.

It is up to the USER to verify the products upon receipt and expose all the caveats and claims that may be justified in the document of receipt of the delivery.

In the event that the contracting does not involve the physical delivery of any product, but a download activation on a website, the PROVIDER will previously inform the USER regarding the procedure to be followed to perform this download.

 

 

3. RIGHT OF WITHDRAWAL

Withdrawal form: https://todoescape.es/formulario-solicitud-desistimiento.pdf

The USER has a period of fourteen calendar days, counted from the date of receipt of the product or from the conclusion of the contract of sale if it were a provision of a service, to exercise the right of withdrawal, regulated in article 102 of Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, hereinafter RDL 1/2007. If the PROVIDER does not comply with the duty of information and documentation on the right of withdrawal, the period for its exercise will end twelve months after the expiration date of the initial withdrawal period, in accordance with article 105 of RDL 1/2007.

The right of withdrawal will not be applicable to the contracts referred to and listed in article 103 of RDL 1/2007, and which are listed here

Any return must be communicated  to the PROVIDER, requesting a return number through the form provided for it, or by email to jose.mira@todoescape.es, indicating the corresponding invoice or order number.

In the event that the return is not made with the original delivery packaging, the PROVIDER may charge  the cost of .....€ to the USER previously informing of it through the same communication channel used.

Once the USER has received the return number, he will send the product to the PROVIDER, indicating this number in the shipping letter, with the transport costs at his expense, at the address of JOSE ANTONIO MIRA FERNANDEZ, AV. VENECIA, 36 BQ 1 2ºA30319 CARTAGENA (Murcia)

4. COMPLAINTS AND ONLINE DISPUTE RESOLUTION

Any claim that the USER deems appropriate will be attended as soon as possible, and can be made at the following contact addresses: Postal: JOSE ANTONIO MIRA FERNANDEZ, AV. VENECIA, 36 BQ 1 2ºA30319 CARTAGENA (Murcia)

 

Phone: 605825938

 

E-mail: jose.mira@todoescape.es

 

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 USER and the PROVIDER, without the need to resort to the courts of justice, through the intervention of a third party, called Dispute Resolution Body, which acts as an intermediary between them. This body is neutral and will dialogue with both parties to reach an agreement, being able to finally suggest and / or impose a solution to the conflict.

Link to ODR platform: http://ec.europa.eu/consumers/odr/

 

 

5. FORCE MAJEURE

The parties shall not incur liability for any fault due to force majeure. The fulfillment of the obligation will be delayed until the cessation of the case of force majeure.

 

 

6. COMPETITION

The USER may not assign, transfer or transmit the rights, responsibilities and obligations contracted in the sale.

If any provision of these conditions is considered null or impossible to fulfill, the validity, legality and compliance of the rest will not be affected in any way, nor will they suffer modification in any way.

The USER declares to have read, know and accept these Conditions in their entirety.

 

 

7. OVERVIEW OF THE OFFER

All sales and deliveries made by the PROVIDER shall be deemed subject to these Conditions.

No modification, alteration or agreement contrary to the Commercial Proposal of JOSE ANTONIO MIRA FERNANDEZ or to what is stipulated herein, will take effect, unless expressly agreed in writing signed by the PROVIDER, in this case, these particular agreements will prevail.

 

 

8. PRICE AND VALIDITY PERIOD OF THE OFFER

The prices indicated for each product or service include Value Added Tax (VAT) or other taxes that may be applicable.  These prices, unless expressly stated otherwise, do not include shipping or communication costs, handling or any other additional services and annexes to the product purchased.

The prices applicable to each product are those published on the website and will be expressed in the EURO currency. The USER assumes that the economic valuation of some of the products may vary in real time.

Before making the purchase you can check online all the details of the budget: items, quantities, price, availability, transport costs, charges, discounts, taxes and the total of the purchase. Prices may change daily as long as the order is not placed.

Once the order is placed, prices will be maintained whether products are available or not.

Any payment made to the PROVIDER entails the issuance of an invoice in the name of the registered USER or the company name that he has informed at the time of placing the order.  This invoice will be sent in paper format together with the product purchased. You can download the invoice in PDF format by accessing the management panel of the website with the user account. If you want to receive it by email, you must request it by any of the means that the PROVIDER puts at your disposal, informing you that at any time you can revoke said decision.

For any information about the order, the USER may contact through the customer service telephone number of the PROVIDER 605825938 or via email to the jose.mira@todoescape.es address.

 

 

9. TRANSPORT COSTS

The prices published in the store do not include shipping or communication costs, or installation or download, or complementary services, unless expressly agreed otherwise in writing.

The postage will be calculated at the time of saving the basket or budget, since they are calculated by the weight of the products and by the delivery address.

The maximum transport fare (VAT included) applied is as follows:Peninsula up to 2 Kg: .......... €

 

Peninsula > 2 Kg to 10 Kg: .......... €

 

Peninsula > 10 Kg: .......... €Outside peninsula up to 2 Kg: .......... €

 

Outside peninsula > 2 Kg to 10 Kg: .......... €

 

Outside peninsula > 10 Kg: .......... €

 

 

10. PAYMENT METHODS, CHARGES AND DISCOUNTS

The PROVIDER is responsible for economic transactions and enables the following ways to make payment for an order:

• Credit card
• Pay Pal

The USER may use a discount coupon at the time prior to the completion of the purchase if received by the PROVIDER.

Security measures

The website uses information security techniques generally accepted in the industry, such as SSL, data entered on secure pages, firewalls, access control procedures and cryptographic mechanisms, all in order to prevent unauthorized access to data. To achieve these purposes, the user / client accepts that the provider obtains data for the purpose of the corresponding authentication of access controls.

The PROVIDER undertakes not to allow any transaction that is considered illegal by the credit card brands or the acquiring bank and that may or has the potential to damage the goodwill of the same or negatively influence them.

It is prohibited, under the programs of the card brands, the sale or offer of a product or service that does not comply with all laws applicable to the Buyer, Issuing Bank, Merchant or Cardholder or Cardholder.

 

 

11. PURCHASE PROCESS

Any product from our catalog can be added to the basket. In this, only the items, quantity, price and total amount will be observed. Once the basket is saved, taxes, charges and discounts will be calculated  according to the payment and shipping data entered.

The baskets have no administrative link, it is only a section where you can simulate a budget without any commitment on both sides.

From the basket you can place an order by following the following steps for its correct formalization:

1. - Verification of billing information.

 

2. - Verification of the shipping address.

 

3. - Selection of the payment method.

 

4. - Place the order (buy).

Once the order has been processed, the system instantly  sends an email to the management department of the PROVIDER and another to the USER's email confirming the completion of the order.

Orders (purchase requisitions)

Prior to the confirmation of the order, information will be provided on the status of the order and the date of shipment and / or approximate delivery.

 

 

12. DISSOCIATION 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 of the remaining conditions.

The PROVIDER may, without prior notice, suspend or terminate the USER's access to its services, in whole or in part, when the USER does not comply with the obligations established in this contract or any legal provision, license, regulation, directive, code of practice or policies that are applicable to it.

When the PROVIDER exercises any of its rights or powers under this Clause, such exercise will not prejudice or affect the exercise of any other right, power or remedy that may be available to the PROVIDER.

 

 

13. WARRANTIES AND RETURNS

The guarantees will respond to what is regulated in the Title referred to "Guarantees and after-sales services" of Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, which can be accessed by clicking here

If you want to customize this section, you must check that the wording is in accordance with what is regulated in the title of GUARANTEES AND AFTER-SALES SERVICES of Legislative RD 1/2007.

 

 

14. APPLICABLE LAW AND JURISDICTION

These conditions will be governed or interpreted in accordance with Spanish legislation in that which is not expressly established. Any dispute that may arise from the provision of the products or services subject to these Conditions will be submitted to the courts and tribunals of the USER's domicile, to the place of fulfillment of the obligation or that in which the property is located if it were immovable.