GENERAL CONDITIONS OF SALES
Identity of the contracting parties
On the one hand, the CUSTOMER, identified on the website by email, over which he has full responsibility for use and custody, and is responsible for the veracity of the personal data provided to the PROVIDER.
On the other hand, the PROVIDER, as supplier of the products purchased by the CLIENT, is TINA RUBIO SL, with address at Calle Fernando VI, No. 9, 28004 Madrid, Madrid, CIF B87860045, customer service telephone number 913 10 09 26 and 913 08 36 83 and website https://www.margaritasellamamiamor.com (hereinafter, the Website).
Object of the contract
The purpose of this contract is to regulate the contractual sales relationship born between the PROVIDER and the CUSTOMER at the time the CUSTOMER accepts the corresponding box, during the online acquisition process.
The contractual sales relationship entails the delivery, in exchange for a determined price publicly displayed through the website, of the purchased product.
Acceptance of this document means that the CLIENT:
· You've read, you understand and you're agree with this text.
· It is a person with sufficient capacity to contract.
· Assume all obligations set forth herein.
These conditions will have an indefinite period of validity and will be applicable to all purchases made through the PROVIDER's website.
The PROVIDER informs that the trade is responsible and knows the current legislation of the countries to which it sends the products, and reserves the right to unilaterally modify the conditions, without this affecting the goods or promotions that were previously acquired from the modification.
Sale Procedure
The CLIENT, in order to access the services or products offered by the PROVIDER, must register through the website by creating a CLIENT account. Therefore, the CLIENT must freely and voluntarily provide the personal data that will be required, which will be processed in accordance with the provisions of Regulation (EU) 2016/679, of April 27 (RGPD), and the Law Organic 3/2018, of December 5 (LOPDGDD), and detailed in the Legal Notice and Privacy Policy of this website.
The CLIENT will select a username and password, if required by the system, committing to make diligent use of them and not to make them available to third parties, as well as to notify the PROVIDER of the loss or theft of the credentials. or possible access by an unauthorized third party, so that it proceeds to immediate blocking.
Once the CLIENT account has been created, you are informed that in accordance with the requirements of article 27 of Law 34/2002, on Information Society Services and Electronic Commerce (LSSICE), the contracting procedure includes The next points:
1. General contract clauses
2. Purchase procedure
3. Shipping of orders
4. Right of withdrawal
5. Claims
6. Overwhelming force
7. Competition
8. Generalities of the offer
9. Price and validity period of the offer
10. Transportation costs
11. Method of payment
12. Applicable law and jurisdiction
1. GENERAL CONTRACTING CLAUSES
Unless specifically stipulated in writing, placing an order with the PROVIDER will imply acceptance by the CUSTOMER of these legal conditions. No stipulation made by the CUSTOMER may differ from those of the PROVIDER if it has not been expressly accepted in advance and in writing by the PROVIDER.
2. PURCHASE PROCEDURE
Users browse the online store, explore different categories and products, and choose the products they want to purchase.
When users find a product they are interested in, they can add it to their shopping cart by clicking the "Add to Cart" button.
After adding products to the cart, users can review their shopping cart to verify the selected products, quantities, prices, and purchase total. Here they can also remove products or adjust quantities if necessary.
If they are not already signed in, users may be asked to sign in to their existing accounts or create a new account. This is necessary to complete the checkout process and provide shipping and billing details.
Once users have logged in or created an account, they must provide the required shipping and billing information, including shipping address, billing address, and contact details.
Users choose the desired shipping method from the available options, if any. This may include standard, express, free shipping options, etc.
After selecting the shipping method, users choose their preferred payment method.
Before checking out, users are shown a detailed summary of their order, including the products selected, total costs (products, shipping, taxes, etc.), as well as the shipping and billing address. Users should carefully review this information and confirm their order.
Once users confirm their order, they are redirected to the chosen payment system to complete the transaction. After the payment has been successfully processed, an order confirmation page is displayed that includes order details and a confirmation number.
After purchasing, users receive a confirmation email that includes all order details, such as confirmation that the order has been received and is being processed.
3. DELIVERY OF ORDERS
THE PROVIDER will not send any order until it has verified that the CUSTOMER has made the payment correctly.
Merchandise shipments will usually be made by express courier (MRW), when the destination is outside the Community of Madrid.
Deliveries are made:
Monday to Friday: 9:00 a.m. - 20:30 p.m. Saturdays: 10:00 a.m. - 14:30 p.m. Sundays and holidays: No deliveries are made.
To receive flowers on the same day of the order within the Community of Madrid, the user must place it before 16:00 p.m. If the order is to be delivered outside the Community of Madrid, this can never be placed on a Monday, the order will be delivered on Tuesday. If we do not have the exact flowers requested, the most similar ones available will be sent.
***The delivery of flowers for Mother's Day, Valentine's Day and other special dates, MARGARITA SE LLAMA MI AMOR reserves the right not to deliver within the stipulated time slot, since due to the volume of orders it is impossible to offer this service in a regular manner.
The PROVIDER will not assume any responsibility when the delivery of the product does not take place, because the data provided by the CLIENT is false, inaccurate or incomplete. If it is verified prior to placing the order that the information provided is not correct, the company will contact the customer to confirm the data or request additional details. This management may cause a delay in the scheduled delivery.
The delivery will be considered made in the following cases:
Hospitals, funeral homes, hotels, residences, companies or educational centers, public buildings or any other places in which the delivery may be conditioned, the user must ensure that the delivery can be made and sufficiently specify the specific area of the delivery, with the data identification of the recipient, telephone number and preferred time for delivery. If attempted delivery cannot be made for reasons beyond the control of TINA RUBIO, SL, the delivery is deemed to have been made and there will be no refund of the amount.
In hospitals where delivery by delivery people in rooms is not allowed, the delivery will be deemed to have been made by delivering the order to the reception, so that it can be delivered to the recipient.
The client is informed that in deliveries to funerals and other public places, where there is no obligation to manage the reception of floral products and/or plants, it may not be possible to obtain the receipt signature of the recipient.
In the case of funerals, delivery is deemed to have been made once it has occurred at the indicated location, regardless of changes in location or subsequent transfers.
If, regardless of the reason, the recipient refuses delivery of the product, the seller's service is deemed to have been completed, the customer will be informed at the telephone number provided and there will be no right to a refund.
Delivery times for Lyophilized and artificial plants section.
Shipping and Delivery Times. (Subject to availability)
• Freeze-dried and artificial plants require delicate processes to ensure their quality.
• All products are carefully packaged to prevent damage during transportation.
For this reason, the estimated shipping time can be 1-30 days. If you have any questions about your order, please do not hesitate to contact us.
Delivery times for vases and pots
• Immediate Availability:Same day or next day shipping
• Limited Availability:Some items may require up to7 days for shipping.
Sometimes the availability of certain models or designs requires extra preparation time. This allows us to ensure that each vase or pot meets the standards that characterize Margaritas Ella Mamá Amor.
If you have questions about the availability of an item, please contact us and we will be happy to provide you with detailed information about your order.
4 RIGHT OF WITHDRAWAL
The right of withdrawal may not be applied in the following cases:
1. When they are personalized products or those exempt by exceptions legally provided for in Art. 103 of Law 3/2014, of March 27.
5. CLAIMS
Any claim that the CLIENT considers appropriate will be attended to as soon as possible, and can be made at the following contact addresses:
Postal: TINA RUBIO SL, Calle Fernando VI, No. 9, 28004 Madrid, Madrid
Telephone: +34 913 10 09 26 (Flores)
+34 913 08 36 83 (Plants)
Mail: contacto@margaritasellamamiamor.com
4.1 Online Dispute Resolution
In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for the resolution of online conflicts between the CLIENT and the PROVIDER, without the need to resort to the courts of law, 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, and may finally suggest and/or impose a solution to the conflict. Link: http://ec.europa.eu/consumers/odr/
4.2 Complaint forms
We have complaint forms (official model) available to consumers and users, which you can request at any time using the contact information provided in point 4 of this document so that we can provide them to you.
6. FORCE MAJEURE
The parties will not incur liability for any failure due to a major cause. Compliance with the obligation will be delayed until the case of force majeure ceases. This may include events such as natural disasters, fires, floods, civil unrest, acts of war, strikes, government restrictions or other similar situations that are beyond the reasonable reach and control of the store. In such cases, the store may be held harmless for any resulting non-compliance due to these extraordinary circumstances.
7. COMPETITION
The CUSTOMER may not assign, transfer or transmit the rights, responsibilities and obligations contracted in the sale.
If any stipulation of these conditions is considered null or impossible to fulfill, the validity, legality and fulfillment of the rest will not be affected in any way, nor will they be modified in any way.
The CUSTOMER declares to have read, know and accept these General Conditions in their entirety.
8. GENERAL INFORMATION OF THE OFFER
All sales and deliveries made by the PROVIDER will be understood to be subject to these General Conditions.
No modification, alteration or agreement contrary to the Commercial Proposal of TINA RUBIO SL or what is stipulated herein will have effect, unless expressly agreed in writing signed by the PROVIDER, in this case, these particular agreements will prevail.
Given the continuous technical advances and improvements of the products, the PROVIDER reserves the right to modify its specifications regarding the information provided in its advertising, until it affects the value of the products offered. These modifications will also be valid in the event that, for any reason, the possibility of supplying the products offered is affected.
9. PRICE AND TERM OF VALIDITY OF THE OFFER
These prices, unless expressly stated otherwise, No. They include shipping, handling, packaging, shipping insurance or any other additional services and annexes to the purchased product.
The prices applicable to each product are those published on the website and will be expressed in Euro currency. The CUSTOMER assumes that the economic valuation of some of the products may vary in real time.
Before making the purchase, you can check all the details of the quote online: items, quantities, price, availability, shipping costs, charges, discounts, taxes and the purchase total. Prices may change daily while the order is not placed.
Once the order is placed, the prices will be maintained whether there are products available or not.
Any payment made to the PROVIDER entails the issuance of an invoice in the name of the registered CUSTOMER or the company name that the CUSTOMER has informed at the time of placing the order. By making the purchase, you agree to receive the invoice in your email but you also have the right to receive the paper invoice by post. You can request the paper invoice by contacting us after placing the order, or by adding a comment in the order notes.
For any information about the order or additional clarification, the CUSTOMER may contact customer service by calling 913 10 09 26, or by email at contacto@margaritasellamamiamor.com
10. TRANSPORTATION COSTS
Product prices No. They do not include shipping or communication costs, nor installation costs, or additional services, unless expressly agreed in writing to the contrary.
The postage will be calculated at the time of saving the basket or budget, since they are calculated by the weight of the products and by the delivery address.
Transportation rates may vary depending on the destination address. You will have access to the exact shipping price on the purchase summary page prior to payment.
11. PAYMENT FORMS
The PROVIDER enables the following ways to pay for an order:
· Credit/debit card.
· Paypal
· Bizum
Apple Pay
Samsung Pay
12. APPLICABLE LAW AND JURISDICTION
These conditions will be governed or interpreted in accordance with Spanish legislation in that which is not expressly established. The PROVIDER and the CLIENT agree to submit to the courts and tribunals of the CLIENT's domicile any dispute that may arise from the provision of the products or services that are the subject of these Conditions.
In the event that the CLIENT is domiciled outside of Spain, the PROVIDER and the CLIENT expressly renounce any other forum, submitting to the Courts and Tribunals closest to the town of Madrid, (Spain).