General contracting conditions
1. Parties and acceptance of the general contacting conditions
On the one hand, the provider of the products, María de la Moneda Moreno (hereinafter also the «Provider»), with registered office at C/ Virrey de Mendoza, 4 3ºB, 23680 Alcalá la Real, (Jaén), N.I.F. 76423238B, Customer Service phone number 0034 646 691 479, and e-mail: firstname.lastname@example.org, being the owner of the website www.pipalab.es, exposes the contractual document that will govern the contracting of products through the website reviewed.
And on the other hand, the «User – Client» (hereinafter the User), being accountable for the veracity of the personal data submitted to the provider.
The Parties both accept this document, with the following implications whereas the user:
- Has read, understood and agreed with this text.
- Declares being a person of legal age and with sufficient capacity to enter into agreements and be bound to the conditions herein inserted.
- To assume all the obligations set forth herein.
- You have read and accepted these general purchasing conditions from the moment you purchase any of the products that are offered.
This document can be printed and stored by the Users.
In case the Users have any questions regarding these conditions, they may contact the Provider through their contact e-mail address, email@example.com
The present conditions will have an indefinite period of validity and will be applicable to all the agreements made through the website of the Provider. The Provider, with the objective of improving the products offered, reserves the right to unilaterally modify these General Contracting Conditions, without it affecting the goods or special offers that were acquired prior to the modification. In any case, these general conditions must be reviewed prior to purchasing the products. It is advisable that you keep a copy of the data included within the purchased products.
María de la Moneda Moreno is not responsible for any and all consequences that may result from improper use of the products that are sold on the web.
The civil liability of María de la Moneda Moreno for the products supplied is limited to the amount of the same, and at the same time, the User waives to claim any liability to the Provider for any case related to the dissatisfaction of the products purchased on the website www.pipalab.es, as well as any possible failures, slow access, or errors in accessing the web, which may include the loss of data or other information that may exist in the computer or network of the User accessing the web. Pipalab is a company specialized in the remote sale of clothing and household items. María de la Moneda Moreno sells its products over the Internet through its website and does not own any physical store for the sale of products.
2. Object of agreement
2.1 Scope of application: The purpose of this agreement is to regulate the contractual purchase-sale relationship between the Provider and the User, which begins at the moment the User accepts by checking the corresponding box during the online contracting process, implying their acknowledgement and agreement to these purchasing conditions. These GCC will apply from the day the order is placed.
The contractual purchase-sale relationship includes the delivery of a specific product, in exchange for a specific price that is publicly exposed through the website.
2.2 Territory of application: The virtual store of Pipalab is active throughout Europe.
2.3 Legal capacity: To be able to place an order, you must be of legal age and have the required legal capacity to contract the services outlined in the Website.
2.4 Consent of the Client: The validation of an order through the web www.pipalab.es is executed by email, which also implies the automatic acceptance of the GCC. These conditions are available on the website www.pipalab.es or, if desired and requested, can be made available to you by email.
2.5. Modification of the General Contracting Conditions: María de la Moneda Moreno reserves the right to make changes and / or modifications to these GCC. We advise our clients to check and review them regularly. In the event that these changes or modifications were introduced after an order was placed, the conditions that will apply will be those of the date on which the order was placed.
3. Information provided on the web www.pipalab.es
3.1 Publication of prices: Exceptionally, the prices of the products shown on our website can be specified with errors and show a lower price than the actual corresponding price. In such event, and if we have already confirmed your order, we will contact you immediately in order to issue a new order confirmation that includes the correct price. In cases in which the actual corresponding price is higher, you may cancel your order and we will reimburse you for any amount that you have already paid.
3.2 Product information: The information contained in our advertising, brochures, and other written material, that can be either shown on our website or provided by our any of our agents and/or employees, all constitute an invitation to make a deal. This information does not constitute an offer to supply any product on our behalf.
The contents of www.pipalab.es are constantly renewed and updated in order to offer our clients the most complete and detailed information possible. As a result, it is possible that the contents may show, on exceptional occasions, provisional information in relation to some of the products. In the event that the information provided does not correspond to the characteristics of the product, the client will have the right to cancel the purchase without any cost on their behalf.
All contractual information on the website is displayed in Spanish (Castilian) and communication with customers and Users, as well as the formalization of the contract, will be made in this language, although, if desired, the client may request to be addressed in another language, as long as there is an indication to such request prior to beginning the contracting procedure.
3.3 Availability of the product(s): may be occasions when it could be impossible to supply all the products, which could be because they are either not in stock or available at the time of purchase. In these cases, we will contact you to give you a choice between the following options:
a) choice of an alternative product, with similar characteristics of the product to be replaced;
b) In case you prefer to wait for the product to be available in the store again, we may communicate with you once the product is available.
If you decline to any of the above-indicated options, the order related to these products will be canceled and any amount paid for them will be reimbursed.
3.4 Right of Cancellation: María de la Moneda Moreno reserves the right for this action (right of cancellation), which is an action consisting in not sending a specific product that does not meet the quality requirements imposed on all products of www.pipalab.es. In the event that this lack of quality is detected, the Customer Service of María de la Moneda Moreno will suggest a replacement product and, if the replacement product is not of the client’s liking, the cost of said product will be reimbursed.
3.5 Orders 24 hours a day, every day of the year: The available admission hours for orders is twenty-four (24) hours, three hundred and sixty-five (365) days of the year, although orders placed after four PM/Nineteen PM (4:00 PM/ 16:00 PM) will not be processed that same day. Orders which have been received after the stated hours will be next processed on the following business day in Alcalá La Real. Orders received during the weekend will be processed early on the following Monday, or on the next business day.
3.6 Fraud: If any anomaly or fraud is suspected and detected, Pipalab reserves the right to cancel the transaction for security reasons.
4. Purchase procedure
The language in which you can formalize the contract is Spanish and English.
The procedure to buy products through the Website is as follows:
- From the file of the desired product, the User will find all the information related to it.
- After consulting the product information, the User can start the purchase process if they wish. To do this, you must select the characteristics of the product (if this option is enabled for such a product), as well as the quantity you wish to purchase. Then you must select «BUY».
- At this time, a summary of the products you have selected will appear and you will be able to add a comment to the order, and go to the next step by selecting “FINISH THE ORDER”.
- The User will be able to access their shopping cart to see their command in the event that they decide to continue selecting more products. At that time you can update your cart, to introduce more products or delete them; after that, the User can return to the previous point and finish the order processing.
- At this time the User will be transferred to an external payment gateway in which they must enter the card details that the User wants to use for processing the payment. In this sense, Pipalab does not keep any data related to the User’s card number, all being made at the same provider of the payment gateway.
- Finally, the User may confirm the processing of the purchase. An email justifying and processing the purchase made will be sent to the email address that you have indicated, as well as all the necessary contractual information.
In any case, the Provider’s contracting platform will inform the User, once the contracting procedure is finished by means of an e-mail, which includes all the characteristics, price, transportations means, date of contracting, and estimated delivery of the purchased product(s).
If there is any type of error in the indicated address or in any other part of the order, you must immediately notify such error to the Customer Service e-mail address that will appear on the web, in order to proceed to its correction.
If you have any questions, you may contact our Customer Service through any of the methods provided on the website www.pipalab.es
María de la Moneda Moreno will provide Customer Service in a FREE manner, through our contact email firstname.lastname@example.org. If you choose an alternative method of communication, the User is responsible for bearing all costs pertaining to such chosen method.
María de la Moneda Moreno puts at your disposal contact telephone numbers in Spain, and calling fees are subject to those established by your telephone operator.
Shipments will be made through the Company Mail Boxes, whose Customer Service telephone number is 902 11 50 47. The shipping costs will be applied in the following manner:
The delivery time is usually between 5 and 10 working days, depending on the population of the destination and the chosen payment method. This term is understood as long as the availability of the products has been confirmed and the full payment of the order has been verified.
If the data provided by the User is either false, inaccurate, or incomplete, the Provider will not assume any responsibility in the event the delivery of the product or service is not completed.
The delivery will be considered completed once the carrier has made the products available to the User and the latter, or the delegate of the latter, has signed the delivery receipt.
The User is responsible of verifying the product(s) upon receipt and manifesting all the reservations and claims that may be justified in the delivery receipt.
6. Prices and validity period oh the offers
All prices displayed in the www.pipalab.es store include the VAT in force at the time of purchase. All the prices that appear on the website are valid, except those with typographical errors or related to products no longer in stock, and in any case, they will be expressed in Euro currency (€). Said expenses, unless expressly indicated otherwise, do not include shipping, handling, shipping insurance or any other additional services and attachments to the product or service purchased. (VALUE ON ADDED TAX: In accordance with the provisions of article 68 of Law 37/1992, of December 28, on Value Added Tax, the delivery of the products or services shall be understood to be located in the territory of application of the Spanish VAT, if the delivery address is in Spanish territory, except for the Canary Islands, Ceuta and Melilla.The applicable VAT rate will be the current legally valid one at all times, pertaining to the specific article in question. For orders destined to the Canary Islands, Ceuta and Melilla, deliveries will be exempt from VAT, in compliance of the provisions set forth in Article 21 of Law 37/1992, without prejudice to the application of taxes and duties in accordance with the regulations in force in each of these territories.)
The payment made to the Provider will entail the issuance of an invoice in the name of the registered User. This invoice will be automatically sent to the e-mail address provided by the User, as well as a copy that is included in the delivery of the purchased product in printed form.
The prices that applicable to each product will be those published on the website, and they are automatically applied by the contracting process in its last phase. The client accepts and acknowledges that, in any case, the economic valuation of some of the products may vary in real time. In any case, such situations will always be previously communicated to the Users.
For the promotions of limited duration, the discount of the promotion will be applied as long as the order has been registered and concluded during the established promotion period.
The data recorded by the different payment methods constitute a proof of the date on which the financial transactions were carried out and will serve to determine if said order is or is not subject to promotion.
For any information about the order, the User can contact through the Customer service phone of the PROVIDER or via email to the address provided.
7. Payment methods
Below we detail the available payment systems:
7.1 Payment by credit or debit card: The User must have a valid credit or debit card, where all the digits of the card number must be specified in the corresponding form. The transaction is formally completed at the time of placing the order. Only Visa and MasterCard are accepted. We only accept payments with secure cards in which identity authentication is carried out by the cardholder, according to the method established by your bank, through secure electronic commerce («Verified by Visa» and «MasterCard SecureCode»). The order can not be taken into account and will not be processed until the payment has been authorized by your bank or savings bank.
The payment system used is the system called SSL (Secure Sockets Layer), which offers a secure environment payment system since it allows the encryption of the information transmitted during the transaction, ensuring its confidentiality.
7.2 PayPal or other platform: Once the purchase is completed, if you choose this form of payment, you will be redirected to the official PayPal website where you can make the payment. Once the payment is made correctly, your order will be formally completed and an email with the summary of your purchase will be sent to you. By pressing the «Back to the Web» button, you will return to the website where you will be able to see the order and print it. PayPal has its own privacy policies and María de la Moneda Moreno does not assume any responsibility for them.
8. Delivery orders
8.1 Delivery Address: The delivery of orders will be made at the delivery address freely designated by the User. In this way, the Provider does not assume any responsibility in those cases where the delivery of the product does not occur if the User has provided data that is false, inaccurate, or incomplete. The same happens in those cases where the delivery can not be completed for reasons beyond control of the shipping company assigned for that purpose, such as the absence of the recipient.
The delivery time of the order will be during regular business hours.
Notwithstanding the foregoing, the Provider has adopted the measures required of a diligent merchant so that the delivery can be made within the agreed time period, so no liability can be attributed against the Provider.
Shipments are only made to destinations in Europe.
María de la Moneda Moreno will put all the means at your disposal so that your order is delivered within the time period that is shown on our website, on the date of issuance of the order confirmation.
8.2 Delivery time: These terms correspond to those established in the file of each product. In case the products not available at the time of purchase, our Customer Service Department can provide you with availability information and a delivery deadline.
If you have requested several products in the same order, keep in mind that they may have different availability dates, in which case you could receive them on different dates. Please note that in the absence of availability of any of the references at the time of shipment, you have the right to cancel at any time before sending the order, by contacting our Customer Service through the following email address: email@example.com, where you shall supply the order number.
8.3 Shipping confirmation: At the time of delivery of the order to our carrier, we will send a shipping confirmation to the email address that you have provided when placing the order. In the shipping confirmation, we will indicate the corresponding tracking number so you can track it through the website of our carrier.
8.4 Damage to delivery: Products are delivered in secure packaging. If at the time of delivery, the recipient detects, in a visible and clear form, without the need to maneuver the shipping package or those packaging natural to the product, that the product has defects attributed by damage caused by the carrier company, or if in the same manner, there is an error in the merchandise received, the User must detail this fact in the receipt that is provided and signaled by and of the carrier and immediately contact our Customer Service line 0034 646 691 479 or email firstname.lastname@example.org. Such notifications must be executed within 24 hours after receipt, by which you will be able to be able to prompt the return of the affected product or products and proceed to their replacement by another in optimal conditions or, alternatively, to reimburse the price paid for it, as you indicate in that email.
If a proof of delivery does not have any damage report, is understood that the product has its packaging in perfect condition. Likewise, if a damage is detected in the product once the package is opened, and the packaging is in perfect condition, the client has 24 hours from reception to contact our customer Service line 0034 646 691 479 or email email@example.com. After 24 hours of delivery, no claims will be accepted for damage to the product.
9. Devoluciones y derecho de desistimiento
9.1 Derecho de desistimiento: El Usuario tiene 14 días naturales, contados a partir de la fecha del producto, para la devolución del mismo (art. 71 Ley 3/2014, de 27 de marzo). Si no queda satisfecho con el producto o cualquiera de los productos de su pedido, podrá ejercer su derecho de desistimiento. Deberá enviarnos un e-mail a firstname.lastname@example.org con el asunto desistimiento y explicando sus motivos. Le facilitaremos las instrucciones precisas junto con el número de pedido, de devolución, una breve encuesta opcional y el documento de desistimiento que deberá rellenar y remitirnos a la misma dirección de correo electrónico con el asunto desistimiento y su número de devolución. Obtendrá su reembolso del importe del/los producto/s dentro del plazo máximo de los catorce (14) días naturales siguientes a la recepción del pedido, junto a sus datos de contacto. Salvo que la devolución sea realizada por defectos en el producto, los gastos relativos al envío serán asumidos por parte del USUARIO. El producto deberá ser devuelto en su embalaje original y en perfecto estado. El cliente se hará responsable del embalaje y protección del/los productos que envía así como de los gastos derivados del envío.
Le proporcionaremos un nº de devolución e instrucciones para el procedimiento de devolución. Deberá remitírnoslo por correo postal, siempre dentro de los 14 días naturales a la recepción del pedido. A partir de este plazo, sólo podrá solicitar la devolución o cambio del/los productos por motivos técnicos sujetos a la garantía de dicho/s producto/s.
Deberá devolver el producto con todos los elementos con los que le fue entregado, sin daños ni marcas de desgaste de ningún tipo, y que no denote un uso inadecuado del bien o diferente de la naturaleza propia del mismo a la dirección que le hemos facilitado.
Siempre que los productos sean devueltos dentro del plazo de 14 días naturales, sin daños ni marcas de desgaste alguno y cumpliendo con los requisitos establecidos en este apartado, con el número de devolución que le habremos facilitado, le reembolsaremos el importe total de la compra.
Recuerde que en cualquier caso el producto deberá incluir:
– Número de devolución proporcionado
– Número de pedido
– Fecha de compra y de ejercicio del desistimiento
Información de interés (opcional):
– Motivos de la devolución
– Información que crea necesaria o de interés para tramitar la devolución
9.2 Devolución de producto defectuoso: el usuario deberá informar a María de la Moneda Moreno de la falta de conformidad con el producto en el plazo de dos meses desde que tuvo conocimiento de ésta. Ha de enviar un correo electrónico a email@example.com con el asunto devolución y el número de pedido, explicando el motivo de la devolución. Nuestro servicio de Atención al Cliente contactará con Ud. a través de correo electrónico o llamada telefónica indicándole como proceder para el envío del producto defectuoso y proporcionándote un número de devolución.
Se deberá devolver el/los producto/s del pedido a la dirección que le facilitaremos con todos los elementos con que fue entregado en perfectas condiciones, sin daños ni marcas que denoten un uso no adecuado del bien o diferente a la naturaleza propia del mismo.
Una vez el producto defectuoso sea recibido cumpliendo con dichos requisitos y se compruebe que el/los producto/s cuentan con algún defecto de fábrica nos pondremos en contacto con Ud. para gestionar la reparación, sustitución, rebaja o resolución del contrato. En cualquiera de los casos anteriores los gastos derivados correrán a cargo de María de la Moneda Moreno.
9.3 Devolución de producto no defectuoso: Para devolver el producto, contacte a firstname.lastname@example.org con el asunto devolución, solicitando una devolución y sus motivos. Contactaremos con usted para facilitarle la dirección a donde debe enviar la devolución, nº de devolución que debe adjuntar junto con el artículo y una breve encuesta opcional que deberá remitir a email@example.com. Usted será responsable de pagar sus propios gastos de envío para devolver o cambiar el artículo. Los gastos de envío no son reembolsables. Si recibe un reembolso el coste del envío de devolución se reducirá de su reembolso. Dependiendo de dónde viva, el tiempo que puede tardar su producto intercambiado a usted, puede variar.
Los gastos de envío derivados de la devolución de un producto que no presenta desperfecto o defecto alguno al usuario correrán a cargo del cliente y María de la Moneda Moreno no procederá a dicho envío hasta haber recibido el pago por adelantado de los costes de transporte. La verificación por parte de María de la Moneda Moreno de que el producto fruto de la devolución presenta desperfectos derivados de un mal uso o protección deficiente durante el envío puede suponer la anulación de la Garantía u ocasionar disminución del valor del producto.
9.4 Devolución por error en el pedido por parte de María de la Moneda Moreno: Cuando el producto no se corresponda al del pedido, debido a algún error imputable a la empresa, el usuario deberá comunicarlo por mail a la compañía tan pronto como sea posible con el asunto devolución; María de la Moneda Moreno correrá con los gastos de recogida del producto enviado por error y entrega del correspondiente al del pedido realizado.
9.5 Comprobación de las Devoluciones: La verificación y comprobación de los productos objeto de devolución correrán a cargo de María de la Moneda Moreno que, una vez en sus instalaciones, verificará que sean recibidos cumpliendo con todos los requisitos establecidos en el apartado 9.1. El no cumplimiento de dichos requisitos puede suponer la anulación de la Garantía u ocasionar disminución del valor del producto.
En caso de faltar alguno de los elementos, el producto será devuelto a su domicilio con una nota indicando el contenido que falte.
9.6 El derecho de desistimiento no podrá aplicarse en los siguientes casos:
- Si el producto no se presenta en perfectas condiciones.
- Si los embalajes del producto no son los originales o estos no se encuentran en perfecto estado. El embalaje original deberá proteger el producto de manera que se reciba en perfectas condiciones, quedando prohibido el uso de precintos y cintas adhesivas aplicados directamente sobre él mismo.
- Cuando el producto esté abierto sin poderse demostrar que no se haya usado.
- En las aplicaciones de software que sean directamente descargadas a través del portal.
- Cuando sean productos personalizados o aquellos, que por razones de higiene u otras excepciones legalmente previstas, no sean susceptibles de este derecho.
9. Right of withdrawal
9.1 Right of withdrawal: The User has 14 calendar days to return the product, which are counted from the date of receipt thereof (Article 71 of Law 3/2014, of March 27). If you are not satisfied with the product or any of the products of your order, the User may exercise his right of withdrawal. You must send us an e-mail to firstname.lastname@example.org with the subject of withdrawal and explaining your reasons. We will provide you with the precise instructions along with the order number, return number, a brief optional survey and the withdrawal document that you must fill out and send us to the same email address with the withdrawal subject and your return number. You will obtain a refund of the amount of the product/s within the maximum period of fourteen (14) calendar days following receipt of the order. Unless the return is made for reasons of defects in the product, the expenses related to the shipment will be assumed by the USER. The product must be returned in its original packaging and in perfect condition.
We will provide you with a return number and instructions for the return procedure. You must send it to us by postal mail, always within the period of 14 calendar days upon receiving of the order. After this period, you can only request the return or exchange of the products for technical reasons that are subject to the guarantee of said product (s).
You must return the product with all the elements with which it was delivered, without any damage or wear marks of any kind, nor showing an inappropriate use of the good or that is different from the nature of the same, to the address that we have provided.
It is advisable to return the product in its original packaging. If this is not possible, the product will suffer a depreciation in its value. The Client will be responsible for the packaging and protection of the products that are sent as well as the expenses derived from its shipping.
As long as the products are returned within the said period of 14 calendar days, without any damage, wear and/or defects, and in compliance with the requirements established in this section, and always including the return number that we have provided, we will refund the total amount of the purchase.
Remember that in any case the product should include:
– Return number provided
– Order number
– Date of purchase and exercise of withdrawal
– Information of interest (optional):
– Reasons for the return
– Information that you believe is necessary or of interest to process the return
9.2 Return of defective product: the user must inform María de la Moneda Moreno of the lack of conformity with the product within two months of becoming aware of it. You must send an email to email@example.com with the subject return and the order number, explaining the reason for the return. We will contact you via email or phone call indicating how to proceed to send the defective product and providing you with a return number.
The product / s of the order must be returned to the address that we will provide you with all the elements with which it was delivered in perfect condition, without damage or marks that denote an inappropriate use of the good or different from its own nature.
Once the defective product is received in compliance with these requirements and it is verified that the product/s have a factory defect, we will contact you to manage the repair, replacement, reduction or termination of the contract. In any of the above cases, the derived expenses will be borne by María de la Moneda Moreno.
9.3 Return of non-defective product: to return the product, contact firstname.lastname@example.org with the subject return, requesting a return and its reasons. We will contact you to provide you with the address where you should send the return, return number that you must attach along with the article and a brief optional survey that you must send to email@example.com. You will be responsible for paying your own shipping charges to return or exchange the item. Shipping costs are not refundable. If you receive a refund the cost of return shipping will be reduced from your refund. Depending on where you live, the time it may take for your exchanged product to you may vary.
The shipping costs derived from the return of a product that does not present any defect or defect to the user will be borne by the client and María de la Moneda Moreno will not proceed with said shipment until receipt of advance payment of transport costs. Verification by María de la Moneda Moreno that the product as a result of the return presents damages derived from misuse or poor protection during shipment may lead to the cancellation of the Warranty or cause a decrease in the value of the product.
9.4 Return due to an error in the order by María de la Moneda Moreno: When the product does not correspond to the order, due to an error attributable to the company, the user must notify the company by email as soon as possible with the return issue; María de la Moneda Moreno will bear the costs of collecting the product sent in error and delivering the corresponding product to the order placed.
9.5 Verification of Returns: the verification of the products to be returned will be carried out by María de la Moneda Moreno who, once at her facilities, will verify that they are received in compliance with all the requirements established in section 9.1. Failure to comply with these requirements may lead to the cancellation of the Warranty or cause a decrease in the value of the product.
If any of the elements is missing, the product will be returned to your home with a note indicating the missing content.
9.6 The right of withdrawal cannot be applied in the following cases:
– If the product is not presented in perfect condition.
– If the product packaging is not the original or these are not in perfect condition. 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 on it is prohibited.
– When the product is open without being able to demonstrate that it has not been used.
– In software applications that are directly downloaded through the portal.
– When they are personalized products or those that, for hygiene reasons or other legally established exceptions, are not subject to this right.
10.1 Reimbursement of the shipping costs: if you request the refund of the return shipping costs, you must send the products by standard mail (standard letter). The shipping company or transportation method contracted are exclusively liable for such shipping. Any additional expenses derived from the contracting of fast delivery services will be borne by the Customer.
10.2 Reimbursement for returns: In case of returns, the reimbursement of the amounts paid will be made through the same means of payment used in the purchase. María de la Moneda Moreno will not refund the amount or make any return of merchandise until verification has been performed (for the reception, state of packaging and accessories of the product subject of the return) or for any changes in our warehouse.
10.3 Term of Reimbursement: the reimbursement will be made within a period of 15 business days from receipt and verification of the conditions of receipt of the shipment. The maximum period to make the established payment is one month. To proceed with the reimbursement, you must provide us with the following information:
– return number
– invoice number and order
– IBAN + 20 digits of your bank account.
10.4 María de la Moneda Moreno declines the reimbursement of the amounts if:
– the products are used or deteriorated, or their use has exceeded their nature.
– the products are missing any element.
11. Applicable guarantees and after-sales services
11.1 Guarantee: All products offered through the website are completely original, unless otherwise indicated in their description.
All products have a guarantee period of 2 years, according to the criteria and conditions described in Law 3/2014, of March 27, which approves the revised text of the General Law for the Protection of Consumers and Users, as well as other complementary laws, excluding those exceptional cases where the guarantee period may be of different duration.
In case the Law for the Guarantees on the Sale of Consumer Goods (23/2003, of July 10) establishes that the product must be sent to the manufacturer to manage said guarantee, the team of María de la Moneda Moreno will contact you by e-mail or telephone, to provide you with indications on how to proceed. In such cases, María de la Moneda Moreno is not responsible for how the manufacturer processes the guarantee of said product.
- Unless proven otherwise, it will be understood that the products are in accordance with the contract, as long as they meet all the requirements that are expressed below, except when due to the circumstances of the case, some of them are not applicable to them:
- They are in conformity to the description made by María de la Moneda Moreno.
- They are suitable for the uses to which products of the same type are ordinarily destined.
- They are suitable for any special use required by the client when he has notified María de la Moneda Moreno at the time of signing the contract, provided that he has admitted that the product is suitable for this use.
- They present the usual quality and benefits of a product of the same type that the client can reasonably expect, taking into account the nature thereof and, where appropriate, the descriptions of the specific characteristics of the products made by María de la Moneda Moreno.
- María de la Moneda Moreno describes the details, technical characteristics, and photographs of the products, in a way that Pipalab is not bound by these public statements.
- When the installation of the product is included in the contract of sale-purchase, and it is performed by Pipalab or under their behalf and responsibility, the lack of conformity resulting from the incorrect installation of the product will be equated with the lack of conformity of the same, or by the USER when the faulty installation is due to an error in the installation instructions.
- Liabilities shall not apply in the event that the User knows or has not been able to ignore the lack of conformity at the time of conclusion of the contract or that it has originated from the materials provided by said User.
11.2 Defective products: For cases relating to a defective product, Pipalab must proceed with the repair, replacement, price reduction, or termination of the contract (as applicable). Such procedures will be free of charge for the User. María de la Moneda Moreno is liable for the lack of conformity that is manifested within a period of two years from delivery, provided that the User informs María de la Moneda Moreno of the lack of conformity within two months of having knowledge of it.
11.3 Cases of cancellation of the guarantee: The guarantee is not covered for the following cases:
– Deterioration created by adaptations, adjustments, or modifications made to a product, without a written agreement with the manufacturer,
– Expenses related to maintenance, repair, or replacement of parts due to normal wear and tear,
– Breakdowns and deterioration of accessories,
– Deterioration created by improper use of the product, inappropriate use, failure to comply with the instructions for use with regard to its usage and maintenance, or related to an improper installation,
– Damages generated by non-accredited persons or the User,
– Damage caused by accidents, lightning, floods, fires, or any other cause that is not the responsibility of the manufacturer,
– Damages caused by a system failure in which the product may be incorporated,
– If the model or serial number of the product shows any modification,
– Use of the product outside the family and private setting, for example in intensive professional use, or
– Products have already been repaired by a Repair Services provider unrelated to María de la Moneda Moreno.
11.4 Replacement of an irreparable product: In the event that the product is considered irreparable or the cost of the repair is disproportionate to its value, it will be replaced by another product that is exactly equal to it. If this were not possible, we will offer you a product with identical or superior features.
The replacement of your product will terminate your sales contract and warranty extensions if any, because when you buy your new product it shall benefit from a new contract as it is considered a new purchase.
12. 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 disputes between the USER and the PROVIDER, without the need to resort to the courts of justice, through the intervention of a third party, the Online Dispute Resolution Platform, which acts as an intermediary between the USER and PROVIDER. This organisation is neutral and will dialogue with both parties to reach an agreement, which may lead to suggest and / or impose a solution to the conflict. Link to the ODR platform: http://ec.europa.eu/consumers/odr/
13. Null and void clauses
If any clause included in these General Conditions is declared , either totally or partially, as null or void, such nullity or voidness will only affect that sole provision or the part of it that is null or void, implying that the remaining General Conditions will subsist, having said provision, or the affected part of the same, considered as being excluded.
14. Applicable law and jurisdiction
These conditions will be governed or interpreted in accordance with Spanish legislation in those matters that are not expressly established. In reference to the products and services that are subject to these Conditions, the Provider and the User agree to submit any dispute that may arise in such matters, to the Courts pertaining to the domicile of the Provider (if it is a legal entity) or the User (if it is a natural person).
In the event that the User has its domicile outside of Spain, the Provider and the User, expressly waive any other jurisdiction, submitting to the Courts of the city of Jaén (Spain).
15. Comments and suggestions
Your comments and suggestions are welcomed. We kindly ask you to send us any comments and suggestions through our contact form.
In addition, we have official complaint forms that available to consumers and Users. You can request them by calling the Customer Service number 0034 646 691 479 or through our contact form.