Terms & Conditions
TERMS AND CONDITIONS
- IDENTITY OF THE HOLDER
In compliance with the provisions of Article 10 of Law 34/2002 of 11 July, Services of the Information Society and Electronic Commerce and Article 4.4
of Law 56/2007, of 28 December, of Measures of Impulse of the Society of the
Information concerning the duty of information of the service providers of the
Information Society, the following data are reflected:
Masaya Complementos S. L is a company of Spanish nationality domiciled in Calle de Canillas, 2, 28002 Madrid, with C.I.F. B86879384 (in forward "Masaya") and registered in the Mercantile Registry of Madrid in Volume 32.041, Folio 10, Sheet number M-576589, is owner and administrator of the domain name www. parafina.co (in forward the "Website"). To contact Masaya, you can do so through the following email: firstname.lastname@example.org
- USER ACCEPTANCE
- PURPOSE OF THE CONTRACT
These conditions of use make up the entire contract through which the conditions of purchase of the Products made available to the Users by Masaya on the Website (the "Products") are regulated.
- BUYING PRODUCTS
How to buy Products
4.2. Product availability
All Orders are subject to Product availability. If once the Order Confirmation has been sent, Masaya could not dispose of the Product requested by any circumstance, it will contact the User as soon as possible by communicating to him such fact. In this case, Masaya may: (i) offer the User a Product of characteristics and specifications like the one originally requested, if they are in accordance with the User's needs; and/or (ii) offer the User the requested refund without effect, the amount paid for it, within 30 working days.
4.3. Refusal to process an Order
Although Masaya will do everything possible to always process all Orders, there may be exceptional circumstances that require you to refuse the processing of any Order after sending the Order Confirmation, so Masaya reserves the right to do so at any time, in its sole discretion. Masaya reserves the right to remove any Product from the Website at any time and to remove or modify any material or content thereof, not being liable to the User or to any third party for the fact of removing any Product of the Website, regardless of whether the Product has been sold or not.
4.4. Product Warranty
All Products contained on the Website are original to Masaya. All of them have a guarantee of 2 years according to the criteria and conditions described in the Royal Legislative Decree, 1/2007, of 16 November, by which approves the consolidated text of the General Law for the Defense of the Consumers and Users. The Products shall be deemed to conform to the conditions of use provided that they comply with all the following requirements: (i) conform to the description made by Masaya and possess the qualities of the Product that Masaya has submitted to User in the form of a sample or model (ii) are suitable for the uses ordinarily intended for Products of the same type (iii) are suitable for any special use required by the User when he has made it known to Masaya, if Masaya has admitted that the Product is suitable for such use. (iv) Present the standard quality and performance of a Product of the same type as the User may expect, considering the nature of the Product. If the Product does not conform to the specifications established, Masaya will proceed, where applicable, to the replacement or resolution of the contract being such free managements for the User. Masaya is not responsible for damage to Products that may result from misuse of the Product, as well as acts or omissions of the User that do not conform to the specifications of each Product or the damages caused by third parties that are not linked to Masaya. Masaya puts the utmost care in the realization of the presentation and description of the Products. However, the photographs of the Products are presented in for illustrative. To know the precise characteristics of each Product, you must check the corresponding descriptive data that accompanies each Product.
4.5. Delivery of the Product
Once the shipment confirmation has been sent, the Products will be delivered at the address indicated by the User when ordering within the established period for each country/region (see Shipments and Returns).
Masaya assumes no responsibility when the delivery of the Product is not made because of the data provided by the User is false, inaccurate or incomplete or when the delivery cannot be carried out for reasons beyond the shipping company, assigned for this purpose, as is the absence of the User or the withholding of the Product in customs. Delivery times are approximate, although Masaya tries to adjust to them.
4.6. Price and payment of the Products
The prices applicable to each Product will be those published on the Website on the date the User makes the Order. Although Masaya tries to ensure that all prices on the Website are correct, errors may occur. If Masaya discovers an error in the price of the Products that a User has requested, Masaya will inform you as soon as possible and will give you the option to reconfirm the Order at the correct price or cancel it.
If Masaya fails to contact the User, the Order will be deemed cancelled and the User will be refunded in full for the amounts it would have paid. Masaya will not be obliged to supply the User with any Product at the wrong lower price (even though Order Confirmation has been sent) if the error in the price is obvious and unequivocal and it could have been reasonably recognized by the User as the wrong price. Prices can change at any time. However, the possible changes will not affect the Products with respect to which Masaya has already sent the Order Confirmation.
a) Method of Payment: User may make payment by credit or debit cards Visa, Apple Pay, MasterCard, American Express or PayPal. To minimize the risk of unauthorized access, the User's credit card data will be encoded. Whether the form of payment is made by credit or debit card or through PayPal, the charge will be made at the time when Masaya sends the shipment confirmation to the User.
- b) Value Added tax (VAT). The type of VAT applicable shall be the one legally in force at any time depending on the Product in question.
- RETURNS AND CHANGES OF PRODUCTS
Withdrawal right is in accordance with the applicable law, in the event that the User is hiring as a consumer, he may withdraw from the contract (except in the cases established by the legislation) and return or change freely the Products delivered at any time within 30 working days of the date of delivery (the "Withdrawal Period").The shipping cost is paid by the buyer, with the shipping method of your choice. The package must come complete and in good condition. The package must include the Order number in a visible place. The shipping address of our warehouse is: Calle Canillas, 2, Local, 28002, Madrid-España.
Once the relevant inspection of the returned Product has been carried out and, in the event, that the User does not decide to make a change, Masaya will refund the User the amount of the Product (except shipping costs). If you choose to change the Product for another of the same amount of our catalogue, this operation will not be charged to the User.
After the withdrawal period, no changes or returns of Products will be accepted. Changes will only be accepted for Products that may have been defective in accordance with the provisions of paragraph below.
Return or replacement is possible if the User considers that the Product is not Conforms to the specifications established for this Product. You must contact Masaya immediately through an email to the contact address email@example.com facilitating the Product data, as well as reporting the defect you have and whether you opt for the return or replacement for an identical Product. To proceed with the substitution of the Product, the User must contact Masaya through an email to the contact address firstname.lastname@example.org, providing the Product data, as well as reporting the defect and the Web Order number.
- REGISTRATION AND ACCESS TO THE WEBSITE
To navigate through the Website, the User will not be required to register
or to facilitate any personal data to Masaya. However, to access some services offered by the Website, such as requesting information or make a query, or make a purchase, the User must register through the form available for such purposes on the Website, including a series of personal data. In any case, in each form the User must accept a privacy clause stating the data personnel to provide for the service, as well as the purpose of the specific for which the User data is collected.
Masaya adopts the technical and organizational measures necessary to ensure the
protection of personal data and prevent alteration, loss, treatment and/or unauthorized access, considering the state of the art, the nature of the
stored data and the risks to which they are exposed, all as established in the legislation on the protection of Personal Data and, in special, in the Organic Law 3/2018, of 5 December, on Data Protection and guarantee of Digital Rights ("LOPD"), as well as in any other standards.
- CORRECT USE OF THE WEBSITE
Prevent a normal enjoyment of the same by other Users. Users are also
expressly undertake not to destroy, alter, disable, or otherwise damaging data, programs, electronic documents, works or any other content of the Website, including the source codes thereof. The User agrees not to hindering the access of other Users through the massive consumption of resources through which Masaya provides the service, as well as to carry out actions that damage, interrupt or cause errors in such systems or services.
- INTELLECTUAL AND INDUSTRIAL PROPERTY
The User must respect the intellectual and industrial property rights of the
contents that are included on the Website. All the contents of the Website, unless otherwise indicated, or are the exclusive property of Masaya or such company is its legitimate licensee, such as, without limitation, graphic design, source code, logos, texts, graphics, illustrations, photographs, and other items that appear on the Website. Likewise, all trade names, trademarks or distinctive signs of any kind contained on the Website are protected by applicable law. Masaya does not grant any kind of license or authorization for personal use to Users on its intellectual and industrial property rights or on any other right related to its Website and the services offered therein. Therefore, Users recognize that, where appropriate, the production, distribution, transformation and, in general, any other form of exploitation, by any procedure, of all or part of the contents of this Website constitutes an infringement of the intellectual and/or industrial property rights of Masaya or the holder of the same. If the User detects the violation of any standard legal or proprietary or third party rights on the Website, we request your cooperation, and we give the option to denounce such infringements by sending an email to the following address: email@example.com
- INTERNATIONAL USE AND LANGUAGE
The use of the Website by Users in a country other than Spain will be made under the responsibility of these. Only the User is responsible for complying with the laws of the countries from which he accesses the Website.
- NULLITY AND INEFFECTIVENESS OF THE CLAUSES
- APPLICABLE LAW AND JURISDICTION
In compliance with the provisions of Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on the alternative resolution of consumer disputes and regulation 524/2013 of Parliament and of the Council of 21 May 2013 , on online litigation resolution on consumer matters, we make it known to all Users that they will be able to carry out their consumer claims through the online conflict resolution platform which they can access through of the following link http://ec.europa.eu/consumers/odr/
- LINKS TO THIRD PARTIES
Masaya assumes no liability whatsoever arising from the links (links) that enable, through the Website, access to the User to benefits and services offered by third parties, if they are alien to the Website. Therefore, Masaya is not responsible for the information contained therein or any effects that may derive from such information. If any User or third party observes that such links may be contrary to law, morality or public order, he/she must inform Masaya via email: firstname.lastname@example.org
15. CONTACT AND WRITTEN COMMUNICATIONS