Terms and conditions of use
Introduction
This contractual document will govern the General Conditions for contracting products (henceforth, “Conditions”) through the mascaro.es website, owned by Antonio Mascaró S.L. under the trademark of Mascaró, from now on, LENDER, whose contact details are also listed in the Legal Notice of this website.
These Conditions will remain published on the website available to the USER to reproduce and save as confirmation of the contract, and may be modified at any time by Antonio Mascaró S.L. It is the USER’s responsibility to read them periodically, as those that are in force at the time of placing orders will be applicable. Antonio Mascaró will file the electronic document where the purchase is formalized and will have it available to the USER in case he requests it.
The contracts will not be subject to any formality with the exception of the cases expressly indicated in the Civil and Commercial Codes and in this or other special laws.
The acceptance of this document implies that the USER:
- You have read, understand and understand what is presented here.
- He is a person with sufficient capacity to hire.
- Assume all the obligations set forth herein.
These conditions will have an indefinite period of validity and will be applicable to all contracts made through the LENDER’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 this affecting the goods or promotions that were purchased prior to the modification.
Identity of the contracting parties
On the one hand, the PROVIDER of the products contracted by the USER is Antonio Mascaró S.L., with registered office at Carrer Casal 9, Vilafranca del Penedès, Barcelona and email address: mascaro@mascaro.es.
And on the other, the USER, registered on the website through a username and password or as a guest, on which he has full responsibility for use and custody, and is responsible for the veracity of the personal data provided to the LENDER.
Object of the contract
The purpose of this contract is to regulate the contractual relationship of purchase and sale born between the LENDER and the USER at the moment the latter accepts the corresponding box during the online hiring process.
The contractual relationship of purchase and sale involves the delivery, in exchange for a price determined and publicly displayed through the website, of a specific product.
Rectification of the data
When the USER identifies errors in the data published on the website or in the documents generated by the contractual relationship, they can notify mascaro@mascaro.es so that Antonio Mascaró corrects them as soon as possible. The USER will be able to keep their data updated by accessing their user account. 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 an account user or as a guest. For this reason, 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 ), relating to the protection of natural persons with regard to the processing of personal data and the free circulation of such data and Organic Law 3/2018, of December 5 (LOPDGDD), relating to the protection of personal data personal and detailed in the Legal Notice and 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 notify the LENDER of their loss or theft or possible access by an unauthorized third party, so that it proceeds with immediate blocking. Once the user account has been created, it is reported that it conforms to what is required by article 27 of Law 34/2002, Services of the Information Society and Electronic Commerce (LSSICE), the recruitment procedure will follow the following steps:
1. Contract clauses
Unless specifically stipulated in writing, placing an order with the LENDER will mean acceptance by the USER of these legal conditions. No stipulation made by the USER may differ from those of the LENDER if it has not been expressly accepted in advance and in writing by the LENDER.
2. Shipping and delivery of orders
The LENDER will not ship any order until it has verified that payment has been made.
The shipment will be made once the availability of the goods has been confirmed and the payment of the order has been reviewed.
Regarding the delivery time, attempts are made to send the order of the product(s) related in the Shipment Confirmation before the delivery date that appears in the same or, if no delivery date was specified, within 5 days from the date of the Shipment Confirmation. The expected date of shipment and delivery will be provided prior to the confirmation of the order. In case of not being able to execute the contract because the product is not available within the expected period, the USER will be informed of the lack of availability and will be entitled to cancel the order and receive a refund of the full amount paid at no cost. 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 are false, inaccurate or incomplete. The delivery will be considered completed at the moment when the carrier has made the products available to the USER and he, or his delegate, has signed the delivery receipt document. It is up to the USER to verify the products upon receipt and state all claims that may be justified in the delivery receipt document.
3. Right of withdrawal
The USER has a period of fourteen calendar days, counted from the date of receipt of the product, 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 date of expiry of the initial withdrawal period, in accordance with article 105 of RDL 1 /2007. All returns must be communicated to the PROVIDER, requesting a return number by email to mascaro@mascaro.es, indicating the corresponding invoice or order number.
4. Claims and online dispute resolution
Any claim that the USER considers appropriate will be attended to as soon as possible, and can be made at the following contact addresses: Postal: Carrer Casal 9, 08720 Vilafranca del Penedès, Barcelona E-mail: mascaro@mascaro.es Litigation resolution online (Online Dispute Resolution) Pursuant to Art. 14.1 of Regulation (EU) 524/2013, the European Commission facilitates 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 the Dispute Resolution Body, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties to reach an agreement, eventually being able to suggest and/or impose a solution to the conflict. Link to the ODR platform: http://ec.europa.eu/consumers/odr/
5. Force Majeure
The parties do not incur liability for any fault due to force majeure. The fulfillment of the obligation will be delayed until the end 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 stipulation of these conditions is considered void or impossible to comply with, the validity, legality and compliance of the rest will not be affected in any way, nor will they undergo modification in any way. The USER declares to have read, known and accepted these Conditions in their entirety.
7. Generalities of the offer
All sales and deliveries made by the LENDER shall be subject to these Conditions. No modification, alteration or contrary agreement to the Commercial Proposal of Antonio Mascaró S.L. or to what is stipulated here, will have effect, except for an express agreement in writing signed by the LENDER, in which case, these particular agreements will prevail.
8. Price and period of validity 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 the costs of shipping or communication, handling or any other additional service attached to the purchased product. 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 quote: items, quantities, price, availability, transport costs, charges, discounts, taxes and the total purchase. Prices may change daily until the order is placed. Once the order has been placed, the prices will be maintained whether there is product availability or not.
9. Payment methods, charges and discounts
The PROVIDER is responsible for financial transactions and enables the following ways to pay for an order:
- Credit card
- Transfer
The USER will be able to use a discount coupon in the moment before the end of the purchase if it has been received by the LENDER.
10. Security measures
The website uses information security techniques generally accepted in the industry, such as SSL, data entered on secure page, firewalls, access control procedures and cryptographic mechanisms, all with the aim of preventing access not authorized to data. To achieve these ends, the user/client accepts that the provider obtains data as a result of the corresponding authentication of the access controls. The LENDER 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 their goodwill or negatively influence them. The sale or offer of a product or service that does not comply with all laws applicable to the Purchaser, Issuing Bank, Merchant or Holder of the card or cards is prohibited under the card brand programs.
11. Dissociation and suspension or termination of the contract
If any of these terms and conditions are held to be illegal, void or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any of the remaining terms. 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 you. When The LENDER exercises any of its rights or powers under this Clause, such exercise shall not prejudice or affect the exercise of any other right, power or recourse that may be available to The LENDER.
12. Guarantees and returns
The guarantees will correspond to those regulated in the Title referring 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.
13. Applicable law and jurisdiction
This site is located in and is operated from Spain. All matters relating to this site are governed by Spanish laws and are subject to the jurisdiction of the competent Courts and Tribunals of Spain, prevailing in any case the rights recognized for that purpose by the consumer and user protection legislation, respecting – in any case, the consumer forum for the resolution of any litigation. In the case of a consumer who does not have his habitual residence in Spain, he will have the protection that can be offered by any mandatory provision of the legislation of his country of residence. The European Commission offers a platform for alternative dispute resolution, which you can access here to communicate your case:
