Particular Purchase Conditions
The present conditions have been elaborated in accordance with the established in the Law 34/2002, of Services of the Information Society and Electronic Commerce; Law 7/1996, of January 15, on Retail Commerce Management; Law 7/1998 on General Conditions of Contracting; and 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 will be applicable in those cases in which the Client is a natural person acting with a purpose not related to his commercial, business activity, trade or profession, or a legal person or entity without legal personality acting non-profit in an area outside a commercial or business activity and therefore bears the consumer and user status in the terms set forth in article 3 of the same, and as many legal provisions are applicable.
The Customer who purchases products through the platform admits having read the present conditions and expresses his full and unreserved adherence to each and every one of them.
The conditions described herein may be modified at any time at the request of LIGHTINGSPAIN, so these conditions will only be valid for each purchase or contract made by the Customer to which at that time are applicable. LIGHTINGSPAIN hereby informs the Customer that he must read the conditions in each purchase made through the platform.
The Customer may access these conditions at any time, without the need to buy a product through the e-commerce platform. Likewise, the Customer may store them in his computer system and, if necessary, obtain a physical copy by printing.
If you have any questions regarding these conditions you can contact us through the following email address firstname.lastname@example.org
1. IDENTIFICATION OF THE PARTIES
On the one hand, LIGHTINGSPAIN, S.L. (hereinafter LIGHTINGSPAIN), with address at Calle Vinatea, 22, 1º, Pta. 8, 46001-Valencia, Spain, with Tax Identification Number (NIF) ESB98695786, registered in the Business Registry of Valencia, in the Journal: 799, Seat: 220, Volume: 9895, Folio 174, Inscription: 1, Sheet: V-163006, dated 12-01-2015, Telephone +34 96 301 86 86, email address email@example.com and address for postal notifications in Calle Vinatea, 22, 1º, Pta. 8, 46001-Valencia, Spain.
And on the other, the Client, whose data are entered by him / herself on the registration form to make the acquisition of any product of the LIGHTINGSPAIN platform upon acceptance of these conditions.
2. PURPOSE OF THE CONTRACT
The purpose of the contract is to regulate the Particular Conditions of Purchase of the products of the companies associated with FEDAI that are marketed and sold through the electronic commerce platform lightingspain.com (hereinafter "the e-commerce platform" or "the platform").
The access to the information and contents of the platform is completely free, while the service of acquisition of products is onerous, specifying at all times the current prices of the product, freight rates and tax charges.
3. AVAILABILITY OF THE SERVICE
The products offered through the platform will be available in the national territory, including the Balearic Islands and international territory limited to the European Union (EU).
The contracting procedure will be carried out in Spanish and English, and LIGHTINGSPAIN may establish the possibility to carry out the contracting in other languages that may be specified.
4. PROCEEDINGS TO CONCLUDE THE CONTRACT AND PURCHASING PROCEDURE
To place your order you must be registered on the platform. To do this, the Client must click on the legend "Login" at the top and follow these steps:
- Once the Account is created, the system will send to his e-mail address a welcome message with his account details
- From the Customer Account he can manage his shipping and billing addresses, his orders, returns, discount coupons, gift list, and update his data.
- The payment and shipping data configured by the Customer will be selected by default when placing an order. He can add additional addresses, something especially useful for sending gifts or receiving orders in the office.
Selection of the product and procedure of purchase:
In order to facilitate the search to the users, the articles offered through the platform are classified in "universes" (classic design, modern design and current design) and by product type. Once the Client accesses each "universe", he can do a product search by design trends and by product type and he will be shown various models together with a brief description of the product and the sale price. When selecting one of them, the user can see the reference model and if he wants he can add it to his "Shopping Cart" indicating the number of product units he wants to purchase, for which he just clicks the "Add to cart" to the right of each item. Next, a screen will be displayed in which the Customer will be informed of the price of the product and shipping costs, offering the option of continuing to buy or formalize the purchase of the chosen product. Likewise, the Customer may request, if desired, the identification number of the Industrial Integrated Registry assigned to the producer of the electrical or electronic device that he purchases.
In case he wants to add more products to the Cart he can go back to repeat the process.
As he adds products to the Cart a draft order will be updated simultaneously, which he can check at any time by clicking the shopping cart icon in the upper right corner of the screen.
By clicking on the shopping cart icon he can check the cost of his purchase. If he is satisfied with the order and its cost, and the delivery and billing data are correct, he can click the "Process Order" icon.
The Customer will then access a screen with the information on the forms, terms and delivery costs. If there are several options, the Client may choose the medium he considers most appropriate.
Subsequently, the Customer will access the payment screen in which he can indicate the payment method chosen from among those offered by the platform.
Finally, the Customer can confirm the order with payment obligation by clicking on the "Buy now" icon in view of the complete information on the total cost of the order including applicable delivery charges and taxes. If the order is processed correctly a message will appear on the screen indicating that it has been so and the Customer will receive an email at the address indicated with the confirmation and all the information associated with the order placed.
In case of doubt or question he can contact our Customer Service through the number +34 96 3018686 and address Calle Vinatea, 22, 1º, Pta. 8, 46001-Valencia, Spain. E-mail: firstname.lastname@example.org
Method of payment, shipping and delivery charges
The payment of the selected products will be made through the payment systems available in the platform such as credit card, PayPal and bank transfer, being the modality of payment option chosen by the Customer. Payment must be confirmed by the corresponding bank.
The Customer must also select the preferred shipping method for each order, taking into account that in each case he must pay the additional shipping costs that correspond according to the information provided during the purchase process.
LIGHTINGSPAIN will deliver through an air or land courier service. The delivery time will be indicated to the customer at the time of purchase. Once the order has been shipped, he will receive an email indicating the shipping company and the tracking number of the shipment. The goods sealed and properly protected will be delivered to the address indicated by the Client, except [Saturdays, Sundays and public holidays].
LIGHTINGSPAIN is not responsible for any delays, due to causes beyond its control, in the delivery of the order.
Once the goods have been received, the Customer must check their condition at the time of delivery. In case he does not receive them properly sealed he must refuse delivery. If it is possible, and without prejudice to the legally valid guarantees, he must try to open the merchandise in the presence of the agency responsible for transport and if he sees something in poor condition, have it recorded on the delivery note adding your signature.
If you are not in the place indicated for the delivery when the order arrives, they will leave you a notice and the transport agency will contact the Customer to arrange another moment of delivery or to manage its collection by the Customer in the place indicated for this purpose.
5. CONTRACT FORMALIZATION
To place an order, the Customer must follow the online purchase procedure described in section 4 of these conditions and click on "Process Order" and confirm the purchase by payment by accessing "Buy now". This does not mean that the order has been accepted, since all orders are subject to our acceptance, which will take place once the payment has been confirmed by the corresponding entity. Once the payment has been confirmed, LIGHTINGSPAIN will send a message to the Customer confirming that the order has been received together with the indication of immediate delivery of the product, if it is in stock, or failing this, the manufacturing period.
The Customer is informed that all orders for products that are made through the platform are subject to availability. In this regard, if there are difficulties in supply, or if no items remain in stock, LIGHTINGSPAIN will contact him to reimburse any amount that may have paid the Customer, without undue delay.
6. VALIDITY OF THE PURCHASE PROCEDURE AS A PROOF OF ACCEPTANCE AND PERFECTION OF THE CONTRACT
Both parties - LIGHTINGSPAIN and the Client - expressly declare that the fact of following electronically all the steps described in point 4 for the purchase process, supposes the integral and express acceptance of the present particular contracting conditions, understood enough to contract.
7. PRICE AND OFFERS
The prices of the products that the Customer can buy through the platform will always be published next to each product and will be shown in Euros. LIGHTINGSPAIN publishes both the price of each unit of product, the subtotal, the amounts of taxes that are applicable to each product according to the current legislation, as well as the expenses derived from the shipment or any others that affect the Customer. In any case, LIGHTINGSPAIN will provide the Customer with the price disaggregated during the purchase process, allowing the Customer to know the exact amount of the product and the other concepts indicated above.
Likewise, LIGHTINGSPAIN makes it clear that the Offers, Promotions and Discounts that appear on the platform will be conditioned and limited to the product on which they are announced, to the period of time that is established, as well as to the remaining conditions that, unilaterally , LIGHTINGSPAIN decides to establish. In any case, LIGHTINGSPAIN will clearly, visibly and expressly indicate the aforementioned information in order that the Client can distinguish and understand the Offer, Promotion or Discount.
8. METHOD OF PAYMENT
The method of payment will be the one that the Customer chooses when ordering, among the methods of payment allowed by LIGHTINGSPAIN. The Client may choose to pay by credit card, by PayPal, bank transfer, Pay later. The card with which the payment is made must be owned by the Customer who has purchased the LIGHTINGSPAIN product. In case the credit card holder and the Client are different persons, it is an inexcusable requirement that the purchase is made by the cardholder. For such purposes, LIGHTINGSPAIN is exempt from any liability arising from breach of this clause, LIGHTINGSPAIN not responding of the purchase made by a Customer with the card owned by a third party.
Payment by card will be made through a SSL secure payment gateway belonging to STRIPE INC.; PAYPAL (Europe) S.à r.l. et Cie., S.C.A. (R.C.S. Luxembourg B 118 349), under a protocol and encryption that guarantees the security of the data issued by the Client.
On the other hand, the payment through Adyen, PayPal, Pay later, guarantees the confidentiality of the data of the Customer's card. In the case of making a payment by credit card through any of these means of payment from an account not registered, the order will not be sent until the identity of the holder of the card with which the order was made has been verified.
In this sense, LIGHTINGSPAIN is exempt from all responsibility in relation to the confidentiality and security of the information and data provided by the Client in the payment of his purchases through the platform through the systems provided, to the extent that the processing of such information and data is not exclusively under the control of LIGHTINGSPAIN but of the third-party providers of financial intermediary services.
9. SHIPPING COSTS
Depending on the amount of the order and method of shipment chosen by the Customer, the transportation will be free or he will have to pay the additional shipping costs that correspond according to the information provided during the purchase process.
10. PRODUCT DELIVERY
LIGHTINGSPAIN will deliver through an air or land courier service. The sealed and properly protected merchandise will be delivered at the address indicated by the Client, except [Saturdays, Sundays and public holidays].
The product will be sent to the address expressly provided by the Customer in the form that is completed to make the purchase through the platform. Therefore, the Customer is requested to verify, prior to the formalization of the purchase, that he has correctly entered his contact information. In this sense, LIGHTINGSPAIN is exempt from any liability in the event that the delivery of the product cannot be executed or is delayed due to inaccurate or incomplete data, in the absence of the Customer or in case of Force Majeure. "Force majeure" shall mean all causes that could not have been foreseen or that, even foreseen, were unavoidable and that result in the non-fulfillment of any of its obligations. These include, but are not limited to, strikes, whether of its own workers or of workers from outside, insurrections or revolts, as well as norms dictated by any civil or military authorities, natural disasters such as earthquakes, floods, rays or fires, wars, lockouts or any other situation of force majeure.
The Customer is reminded that any transportation and delivery expenses derived from the purchase of a product through the platform will be indicated and, if applicable, charged exclusively at the time of purchase through the platform.
11. RIGHT TO GIVE UP THE PURCHASE
The Client may exercise his right of withdrawal in accordance with the provisions of the General Law of Consumers and Users, leaving without effect the contract concluded between the Client and LIGHTINGSPAIN without having to justify his decision and without penalty of any kind. The transport will be free provided that the conditions of withdrawal are fulfilled and if the transport of the merchandise was paid by Lightingspain. If the transport was paid on behalf of the Customer, he shall bear the direct costs derived from the return of the product.
The Client has a period of 14 calendar days to exercise his right of withdrawal from the moment he receives - at the address that appears on the return label that he will find in the space "my account" of lightingspain.com - the product purchased through the platform. In this case, LIGHTINGSPAIN will refund the price paid for the product in accordance with what is stated in the Policy of Changes and Returns.
In order to effectively exercise his right of withdrawal, it is a prerequisite that, before the expiration of the withdrawal period, the Client notifies LIGHTINGSPAIN of his decision to withdraw from the contract through the space "my account" of lightingspain.com. If he uses this option, we will notify him without delay, by e-mail, of the receipt of said withdrawal.
He can also do this by email to email@example.com If he chooses to do this, he must notify us of his name, his full address, invoice number, his telephone number, and his e-mail address, as well as his decision to give up the purchase through an unequivocal statement. To do so, he can use the template of withdrawal form that appears in the platform, which can be downloaded and sent electronically to LIGHTINGSPAIN.
In cases in which the Client chooses to notify the exercise of this right through the form template made available to him by LIGHTINGSPAIN on the platform and / or any other unequivocal statement sent to the contact addresses of the platform, LIGHTINGSPAIN will notify him promptly by e-mail of receipt of said withdrawal and inform him of the essential requirement to deliver the product to the courier company within 14 days. In any case, it is up to the Client to prove that he has exercised his right of withdrawal in accordance with the provisions of these particular conditions. It is recommended to the Client that, prior to completing the template of right of withdrawal, carefully read the information in the template of withdrawal and which explains to the Client how to complete it and the requirements for the exercise of the right of withdrawal becomes effective.
The Client who exercises the right to withdraw from the purchase contract must return the products under the same conditions in which they were received, including all documents and original packaging of the products. In any case, the Customer will be responsible for the decrease in value of the goods resulting from a manipulation of the same other than that necessary to establish their nature, characteristics or operation. Said decrease in value will be deducted from the amount that corresponds to reimburse the Client that exercises the right of withdrawal, reason why the Client must be careful while the articles are in his possession. Custom items may not be subject to changes or returns.
The Client is reminded that failure to exercise the right to withdraw within the established time limit shall not be an obstacle to the subsequent exercise of actions of nullity or termination of the contract when they proceed according to law.
12. POLICY OF CHANGES AND RETURNS
Returns in exercise of the right to withdraw from the purchase:
If the Customer wishes to withdraw from the purchase contract within 14 calendar days from the receipt of the purchased item, after notifying LIGHTINGSPAIN, he must deliver to the courier company or return the product by his means to the address indicated on the delivery note on the return label you will receive by mail as a confirmation by LIGHTINGSPAIN of his notice of withdrawal.
The return of the product must be carried out within the maximum period of 14 calendar days from the date he communicated his intention to withdraw from the contract through any of the means indicated in the previous section Right to withdraw from the purchase.
In any case, the Customer must deliver the goods in the same package in which he received them.
Once the article has been received by LIGHTINGSPAIN and after examination, it will be communicated to the Customer if he is entitled to the repayment of the amounts paid, which will take place provided that the value of the product has not diminished as a result of manipulation other than that necessary to establish its nature, its characteristics or its operation. If so, the return will be made as soon as possible and, in any case, within the term of 14 calendar days from the date on which the Customer notified his intention to withdraw, provided that the product has been received by LIGHTINGSPAIN within that period . Otherwise, LIGHTINGSPAIN will retain the refund until it receives the product and verifies that it is in perfect condition. We will proceed to make such reimbursement using the same method of payment used by him for the initial transaction, including delivery costs (with the exception of the additional costs resulting from the choice of a different mode of delivery than the less expensive mode of ordinary delivery we offer). The refund will be made without undue delay within 48 hours from the date the product was received by LIGHTINGSPAIN, S.L. and after checking that it is in perfect condition. The transport will be free provided that the conditions of withdrawal are fulfilled and if the transport of the merchandise was paid by Lightingspain. If the transport was paid on behalf of the customer, he must send the product at his expense to the address on the return label that he will find in the space "my account" of lightingspain.com
The Client will be responsible for the decrease in the value of the goods resulting from a manipulation of the same other than that necessary to establish their nature, characteristics or operation. Said decrease in value will be deducted from the amount that corresponds to reimburse the Client who exercises the right of withdrawal. Custom items can not be returned.
The products must be in the same condition in which they were received, including all documents and the original packaging of the products. The product will not be refunded if it has been used or if it has suffered any damage.
In case of doubt, the Client may contact LIGHTINGSPAIN through the Customer Service by phone +34 96 3018686 or email firstname.lastname@example.org
Change of articles:
The customer must return the purchased product in the same deadlines, terms and with the same conditions as those indicated for the exercise of the right of withdrawal and, after that, proceed to a new purchase.
Returns of defective products and other guarantees:
In accordance with current consumer legislation, LIGHTINGSPAIN will respond to Customers, who are consumers or users in the terms defined in the aforementioned legislation, of nonconformities that manifest within a period of two (2) years from delivery.
The guarantee applies as long as the product is used under normal operating conditions determined by the manufacturers. Deficiencies caused by negligence, shock, accident, improper use or manipulation, use of non-recommended aggressive or cleaning products and unauthorized repairs, as well as normal wear and tear, are excluded from the warranty.
In those incidents that justify the use of the guarantee, we will opt for repair, replacement of the item, rebate or return, in the legally established terms.
Notwithstanding that LIGHTINGSPAIN recommends to the Client that he addresses directly to the manufacturer, it is guaranteed to the Client that he may exercise the rights recognized in this clause directly before LIGHTINGSPAIN, for which he must follow the following instructions:
If at the time of delivery the Customer considers that the product has a tare or defect, he should contact LIGHTINGSPAIN immediately through Customer Service at the telephone number +34 96 3018686 or by e-mail to email@example.com providing the product information, as well as of the damage suffered, where he will be informed how to proceed.
The product may be returned by delivering it at the address indicated by the Customer to a courier sent by LIGHTINGSPAIN. LIGHTINGSPAIN will carefully examine the returned product and will notify the Customer by e-mail within a reasonable time if the return or replacement thereof is applicable. The return or replacement of the article will be made as soon as possible and, in any case, within thirty (30) calendar days following the date on which we send him an e-mail confirming that it is appropriate to return or replace the non-conforming article .
The amounts paid for those products that are returned because of a tare or defect, when it actually exists, will be fully refunded, including delivery costs incurred to deliver the item to the Customer and the costs incurred by the Customer to return it to LIGHTINGSPAIN. The refund will be made in the same method of payment that was used to pay the purchase.
The rights recognized by current legislation are safeguarded.
Individuals or legal entities, public or private, acting directly or through another person on their behalf or following their instructions, with a purpose related to their commercial, business activity, trade or profession, shall not be considered as consumers and users. In these cases, LIGHTINGSPAIN will grant to Customers who do not have the condition of consumers and users a guarantee of six (6) months in the same terms as those indicated in this section for consumers and users.
13. FILING OF CLAIMS
The Client may submit to LIGHTINGSPAIN his complaints and claims, or request information about the products offered or purchased, through the following channels:
- Through the contact form of lightingspain.com
- By writing to the following postal address: Lightingspain, S.L.U. Calle Vinatea, 22, 1º, Pta. 8, 46001-Valencia, Spain
- Calling the following number: +34 301 8686
- Sending an email to the following address: firstname.lastname@example.org
Once a claim has been submitted through the contact form, LIGHTINGSPAIN will deliver or send to the Client a written proof, on paper or by e-mail, to ensure that the claimant is aware of the filing of his complaint and claim, as well as the date of the same.IGHTINGSPAIN will respond to the Client as soon as possible and in any case within a maximum period of one month from the filing of the claim. If the claim was not resolved within that period and LIGHTINGSPAIN adhered to an out-of-court dispute resolution system at that time, it will provide the consumer with the corresponding information about that system and the conditions of access to it. All this without prejudice to the possibility of bringing legal actions that may be relevant.
LIGHTINGSPAIN makes available to its Clients in the platform a template of claims sheet that can be used by them to submit their complaints, without prejudice to the possibility of using the official templates they consider appropriate.
14. WRITTEN COMMUNICATIONS
The information or communications that LIGHTINGSPAIN sends to the Client will be in writing. The Client agrees that communications with LIGHTINGSPAIN are electronic. For contractual purposes, the Client agrees to use this electronic means of communication and acknowledges that any contract, notification, information and other communications that LIGHTINGSPAIN sends electronically complies with the legal requirements to be in writing. The notifications that the Client sends should preferably be made to the contact addresses published in these conditions and in any case subsidiarily in the platform.
15. DATA PROTECTION
In accordance with Organic Law 15/1999 on the Protection of Personal Data (LOPD), the Client, as contracting party, acknowledges to be informed and to consent that his personal data generated during the execution of the contractual relationship are necessarily treated in a file responsibility of LIGHTINGSPAIN, S.L. (hereinafter LIGHTINGSPAIN), with address at Calle Vinatea, 22, 1º, Pta. 8, 46001-Valencia, Spain, in order to carry out the management of the online purchase, which includes authenticating the user's identity, processing his order, collecting of the price and delivery of the product, collection and management of waste, management of guarantees, returns and right of withdrawal, customer service, discount vouchers and any other purposes derived directly or indirectly from the realization of an online purchase through the platform, such as the postal or electronic sending of communications and documentation related to the contractual relationship. The data will be transferred to other third parties in the cases legally anticipated such as financial auditors, Administration Bodies competent for reasons of control, registration and inspection.
The communication of the data by the interested party for the fulfillment of the aforementioned purposes is obligatory and, by virtue of the contractual relationship, his data can be transferred to the third parties necessarily involved in the management of the purchase in order to properly manage the whole purchase process, such as the manufacturers or merchants of the product purchased, the banking entities involved in the collection of the product price, courier companies, transport, insurance, waste management and any other third parties that necessarily, directly or indirectly, intervene in the management of the online purchase in all its phases and processes in accordance with what is established in the applicable laws in force; to the Judges and Tribunals, as the case may be, when it is legally required to do so, or consumer arbitration tribunals, as well as consumer and user associations, in case of controversy; to the Tax Agency, for the fulfillment of tax obligations; and to any other third parties to whom, under the aforementioned regulations, it is necessary to carry out the assignment, in order to ensure the good performance of the contracted service and, in general, the intended purposes.
Likewise, LIGHTINGSPAIN informs the interested party that his data may be made available to other third-party companies that LIGHTINGSPAIN subcontracts to collaborate in the execution of all or part of the services to be provided, under the provisions of article 12 of the LOPD.
The Client agrees to inform LIGHTINGSPAIN of any variation of the data while the contract is in force so that the said entity can proceed to update it. As long as LIGHTINGSPAIN is not informed otherwise, it will be understood that the data provided by the Client is accurate and current.
If, during the execution of the contract, the Customer should provide personal data relating to third parties that are physical persons, he must, prior to its inclusion, inform those third parties of the contents contained in this communication and, in any case, of the purpose of the assignment. For this purpose, the communication of personal data of third parties is conditioned to the principle of necessity and proportionality and to the communication of current and true data, and requires, prior to this, to inform and request the consent to said third parties for the processing of their data, unless there is a legal authorization to that effect.
Finally, the Client is informed that LIGHTINGSPAIN will process his personal data and email address in order to send him communications affected to the services contracted and used by the interested party. Likewise, such data will be used by LIGHTINGSPAIN to send him, through the electronic mail provided during the registration process, bulletins, newsletter, advertising, promotions, offers and commercial communications on the products marketed by LIGHTINGSPAIN in relation to the sector of decorative lighting as well as the products marketed by the companies of that sector associated with FEDAI that market their products through the platform, all in case the Customer was interested in it and checked the box enabled for this purpose during his registration process or at any other time.
Under Articles 21.2 and 22.1 of the LSSICE, the Client is informed of his right to oppose the processing of his data for promotional purposes for the reception of commercial communications, as well as his right to revoke at any time the consent given for this purpose, with the mere notification of his will to LIGHTINGSPAIN.
To do so, the Client may address his opposition by sending an email to the address: email@example.com, with the subject "UNSUBSCRIBE" or expressly stating his opposition, revocation of consent or request to be excluded from the sending of commercial communications by electronic means or equivalent means of communication.
His request will be taken into account by LIGHTINGSPAIN to guarantee the exercise of his rights for the cessation of the reception of commercial communications by electronic means or equivalent means of communication under the rules on electronic commerce and the information society. For such purposes, LIGHTINGSPAIN will be able to carry out the processing of the minimum necessary data of the user to guarantee the cessation or non-reception of advertising commercial communications when he has requested it.
16. APPLICABLE LAW, JURISDICTION AND EXTRAJUDICIAL SETTLEMENT OF CONFLICTS
These particular conditions are governed by Spanish law. Except in cases where the Customer is a consumer and user, in which the rules set forth in the current consumer regulations will be applicable, the parties submit themselves, for the resolution of any disputes that may arise, to the Courts and Tribunals of VALENCIA capital and, where applicable, to the Arbitral Courts or extrajudicial dispute resolution systems to which LIGHTINGSPAIN is affiliated at the time of the dispute. To submit any claim, the addresses and contact channels provided for in section 13 of these Particular Conditions of Purchase are made available to the Client.