General conditions of sale

1. Information prior to hiring

Paellaclick (hereinafter, "the selling party" or "the seller").

Company name: Ferretería García Simarro, SL

Trade name: Paellaclick

Corporate address:  Avda. Miguel Hernández, 27B, 46970, Alaquàs, Valencia

CIF / NIF: B46465290

Telephone: 96 150 06 04

Email: info@paellaclick.com

Domain name: paellaclick.com

Communications and notifications

The data in this section are the contact data for any exercise of the rights of the user or consumer (hereinafter, "user or consumer" or "buyer") that are recognized in these Conditions or by law.

To the extent permitted by law, both parties will mainly maintain electronic communications for any notification, information and other communications derived from these Legal Conditions of Sale.

For contractual purposes, you consent to use the electronic means of communication and acknowledge that all contracts, notices, information and other communications that we send to you electronically comply with the legal requirements of being in writing. This condition will not affect your rights recognized by law.

The notifications you send us must be sent through our email address info@paellaclick.com.

1.2. Other pre-employment information

These Legal Conditions of Sale (hereinafter, Legal Conditions of Sale) govern purchases made through this website and, therefore, will be incorporated into your purchase contract.

Furthermore, we inform you that these Legal Conditions of Sale may be complemented or modified by particular or specific clauses or conditions for certain products, either by exclusion of the right of withdrawal, regarding changes and/or returns, etc. Therefore, you must carefully consult the information of each product to know the particular conditions in each case and moment.

We inform you that the applicable legal regime will be mainly the Commercial Code, the Civil Code, the General Law for the Defense of Consumers and Users, the Law of the Information Society and Electronic Commerce, the Law of Retail Trade, as well as the rest of regional and state regulations that are applicable.

In accordance with the provisions of Law 7/1998, on general contracting conditions, we guarantee that these legal conditions of sale have been previously exposed and are accessible to the generality of users who access this website, and prior to that they could purchase any product, regardless of the fact that in order to make the purchase, it will be necessary to have marked the "checkbox" if they have read them; Therefore, they can be stored and reproduced, in accordance with the provisions of current legislation, thus fulfilling the duty of prior information.

The selling party reserves the right to modify these Legal Conditions of Sale at any time, which will not affect, in any case, purchases made prior to the approval of said modifications. Therefore, the Legal Conditions of Sale will be applicable at the time of making each purchase. It will not be possible to contract any product and/or service without prior acceptance of these Conditions.

All purchases made through this website, through the username and password created and provided, will be considered validly made by the client and, therefore, will be binding. Therefore, the client will be exclusively responsible for purchases made through our website, by any third party that may use their username and password. Furthermore, the placing of orders by minors who falsify the registration information will be understood to be carried out under the supervision and authorization of their parents, guardians or legal representatives.

It is important that the user or consumer knows and is informed of the legal Conditions of Sale in force at the time of the beginning of the purchase process. Furthermore, when purchasing the products, the user or consumer declares that:

a) It is a person with sufficient capacity to contract.

b) You have read, understand and, therefore, assume and accept all the obligations and conditions that apply to you (Legal conditions of sale, privacy policy, etc.).

The possible contracting offers that are included on our website will be valid during the period established in each case or, failing that, for as long as they remain accessible to the recipients. All of this, without prejudice to the provisions of specific legislation.

In any case, the availability of each of the products sold through this website will be indicated and, therefore, in the event of a lack of stock, it cannot be purchased by any user or consumer.

The owner of this website makes every effort to ensure that the image of the products that appear are as faithful as possible to their reality. Some features, therefore, may not be correctly appreciated or may vary due to issues related to your monitor.

1.3. Other legal conditions of sale

The selling party will only be liable for those products published or offered on this website and, therefore, we will be obliged to comply with these Legal Conditions of Sale established here, as well as the applicable legislation in this regard and regarding product liability. for defects or irregularities that are a direct consequence of any intentional, negligent or negligent act directly and exclusively attributable to us, the selling party.

All products published on this website will be accompanied by their corresponding description: characteristics, price with VAT, whether it has a discount or not, among others. Therefore, all information related to the products will always be made available to users or consumers prior to contracting.

Territorial scope

The territorial area of ​​sale of the products will be the Spanish territory, without prejudice to the power that we reserve to be able to make sales and/or shipments to other states of the European Union and even internationally.

Coming of age

In accordance with applicable legislation, the sale of our products is directed only to persons over 18 years of age. If you are a minor, you must obtain prior written authorization from your representatives or legal guardians to make the sale.

Product Availability

All orders are subject to availability of the products. It may be that, once the order or shipping confirmation has been sent, we may not be able to have the product or products requested due to any circumstance. In this case, we will contact you as soon as possible to let you know. To this end, we can:

Offer you a product with characteristics and specifications similar to the requested product, without increasing the price, as long as they are consistent with the needs of the user or consumer, or

Make a refund of the amount paid for the product or products not available within a period of fourteen (14) business days and, therefore, cancel the order or reduce the amount of products in it.

The seller reserves the right to withdraw, remove or modify, at any time, the products, materials or contents thereof.

Breach

The seller will not be responsible for the total non-compliance, defective or delay in the fulfillment of our obligations due to force majeure or fortuitous event and, therefore, the term of the obligations will be suspended in such cases and for the period that is extended. counting will be resumed once such circumstances disappear.

Partial nullity

If any of these Conditions or any provision of a contract is declared null and void by a final resolution issued by a competent authority, the remaining terms and conditions will remain in force, without being affected by said declaration of nullity.

Resignation

The lack of request or exercise of rights or actions on our part in defense of our interests or for strict compliance with the legal and/or contractual obligations of the user or consumer, will not imply waiver or limitation of said rights or actions nor will it exonerate the user. user or consumer of such obligations.

Transfer of risk and ownership

The risks of the products will be borne by the user or consumer from the moment of delivery.

The user or consumer will acquire ownership of the products when we receive full payment of all order amounts (including shipping costs).

1.4. Customer service and conflict resolution

Online Dispute Resolution Platform

Likewise, we inform you that, in accordance with the provisions of article 14.1 of Regulation 524/2013, the European Commission provides an online dispute resolution platform, which is available at the following link: https://ec. europa.eu/consumers/odr/

Consumers will be able to submit their complaints through the online dispute resolution platform.

We inform you that we are not affiliated with any entity for alternative resolution of consumer conflicts.

2. Prices, payment and shipping methods.

Price and validity period of the products

The client accepts that the economic valuation of some of the products may vary in real time. As a consequence, the price to be applied will be the one in force on the date of placing the order. Notwithstanding the foregoing, said final price will be communicated to the customer in the electronic purchasing process in advance and before the customer proceeds to formalize his/her acceptance of the purchase.

The prices on the website are valid except for errors or omissions.

The prices on the website include VAT.

The prices indicated on the products, unless expressly indicated otherwise, do not include shipping costs, shipping insurance or any other additional services and annexes to the product or service purchased.

These expenses cannot be calculated in advance because they are calculated based on the territory to which the order is sent as well as its weight and size.

The customer will be able to check and calculate the total price of the product with the exact breakdowns before proceeding to formalize the payment in the website purchasing process.

Bill

The invoice will be issued in electronic format.

Said invoice or purchase ticket will be automatically sent to the email address provided by the customer in the purchase/registration process or in the product box.

Payment Methods

The user may pay for the order in the following ways:

All payment methods enabled on this website are subject to verification and authorization by the entities issuing the payment method, but if said entity does not authorize the payment, the purchase procedure initiated cannot be continued. the order being automatically cancelled, and the purchase and sale of the requested order being understood to have not been carried out.

Shipment

Order cancellation, warranty and withdrawal

Order cancellation

If, once the purchase has been made, you wish to cancel an order that has not yet been shipped, you can do so as long as you indicate by email or telephone, indicating the number of the order you wish to cancel.

In any case, you can request it through:

Email: info@paellaclick.com

Telephone:  96 150 06 04

Can I modify the order?

Upon completion of your purchase, you will receive an email with confirmation of your order. Please review your purchase and your shipping information in order to communicate any modifications as soon as possible before the order leaves our facilities.

In any case, you can request it through:

Email: info@paellaclick.com

Telephone:  96 150 06 04

You must tell us which products you want to remove or replace. For the latter case, you must tell us what new products you want to add to the order and the quantity.

In the event that the modification implies that the new total amount is higher than the initial order, payment of the difference must be made until the new total amount is reached. In the event that the modification implies that the new amount is less than the initial order, we will refund the difference until the new total amount is reached.

The seller reserves the right to reject order modifications for organizational reasons or that cause damage to the order.

Warranty

If you are a consumer, all products have a two (2) year warranty, in accordance with the provisions of the Royal Legislative Decree, 1/2007, of November 16, which approves the consolidated text of the Law General for the Defense of Consumers and Users and other complementary laws.

Unless proven otherwise, it will be understood that the products comply with the contract as long as they meet all the requirements expressed below, unless due to the circumstances of the case any of them are not applicable:

a) They conform to the description made by the seller and possess the qualities of the product that the seller has presented to the consumer and user in the form of a sample or model.

b) They are suitable for the uses to which products of the same type are ordinarily intended.

c) Are suitable for any special use required by the consumer and user when this has been made known to the seller at the time of conclusion of the contract, provided that the seller has admitted that the product is suitable for said use.

d) They present the usual quality and benefits of a product of the same type that the consumer and user can reasonably expect.

If the product does not comply with the contract, the consumer and user may choose between demanding the repair of the product, its replacement, a price reduction or termination of the contract.

The seller is not responsible for damage to the products due to their misuse, as well as for acts or omissions of the User that do not comply with the specifications of each Product or for damage caused by third parties that are not linked to the seller.

In the event that the user or consumer considers that any of the products in the order do not conform to the indicated specifications, they must communicate this immediately, indicating the products in question, as well as informing them of the identified defects and whether they wish to return or replace. through:

Email: info@paellaclick.com

Postal address: Avda. Miguel Hernández, 27B, 46970, Alaquàs, Valencia

The shipment of the order and the products, whether their return or replacement is requested, must be sent in the same conditions as they were received, and through a courier proposed by the seller or by their own means.

Once the products have been inspected and within a reasonable period of time, we will send an email to the user or consumer to inform them whether or not the return or replacement is appropriate. If applicable, the return will always be made without delay and through the same means of payment used for the purchase, always within fourteen (14) calendar days following the date we receive the communication or receive the returned products, as well as of the shipping costs assumed by the user or consumer.

The amounts paid for products that are returned due to a defect or defect, when it actually exists, will be fully refunded, including the delivery costs incurred to deliver the item to you and the costs you would have incurred to return it to us. The refund will be made in the same payment method that was used to pay for the purchase.

Right of withdrawal

The consumer and/or user will have a period of 14 calendar days from the date of receipt of the product to return it. After the indicated period, the selling party reserves the right to accept or not accept the return of the products, unless the warranty period applies.

To manage the return, you must communicate in this regard, either through your personal area or, indicating your willingness to exercise the right of withdrawal, indicating the products you wish to return, by notification through:

Telephone:  96 150 06 04

Email: info@paellaclick.com

Postal address: Avda. Miguel Hernández, 27B, 46970, Alaquàs, Valencia

You can use the model withdrawal form that you can obtain at the following link ( right of withdrawal form ), although it will not be mandatory to use the model provided. It is enough for you to inform us that you wish to exercise the right of withdrawal before the corresponding period expires.

Once we receive the notification, we will acknowledge receipt of the exercise of such right.

The management and transportation costs incurred as a result of the return of the products will be borne by the user or consumer, so shipping must be made postage paid.

The user or consumer must return the products in the same conditions as they were received and through the courier company provided by us or, by their own means.

The selling party reserves the right to reject possible returns in the event that the returned merchandise is in poor condition or due to transport damage. Products must be returned in the same condition in which they were received.

Once the returned products have been inspected and within a reasonable period of time, we will send an email to the user or consumer to inform them whether the return is appropriate or not. If applicable, the return will be made through the same payment method used for the purchase, always within the legal period of fourteen (14) calendar days following the date we receive the communication or receive the returned products. You must inform us in the same request to exercise the right of withdrawal if you want the return to be made through another payment method other than the one used to pay for the order.

Notwithstanding the above, we may withhold the refund until we have received the products or the user or consumer has presented us with proof of their return.

The address where you must return the products will be in Avda. Miguel Hernández, 27B, 46970, Alaquàs, Valencia.

The deadline will be considered met if the return is made before the indicated deadline has elapsed.

The return will include, in addition to the amount of the products, the delivery costs to the initial shipping address (with the exception of additional costs resulting from your choice of a delivery method other than the least expensive delivery method. ordinary that we offer).

Notwithstanding the above, the direct costs of return (transport costs) must be assumed by the user or consumer, who will be responsible for the decrease in value of the products that results from handling other than that necessary to establish the nature, characteristics and functioning of them.

If you return the products freight collect, we will be authorized to charge you any costs we may incur.

The exercise of the right of withdrawal will not entail any additional charge or cost, without prejudice to the specifications contained in these Legal Conditions of Sale, as well as the legal precepts that may apply.

Below we indicate the section of article 103 of Royal Legislative Decree 1/2007, by which the right of withdrawal does not exist:

d) The supply of goods that may deteriorate or expire quickly.

e) The supply of sealed goods that are not suitable for return for health protection or hygiene reasons and that have been unsealed after delivery.

f) The supply of goods that, after delivery and taking into account their nature, have been inseparably mixed with other goods.

4. Other clauses

4.1. Liability and Exoneration of Liability

However, and unless otherwise provided by law, we will not accept any responsibility for the following losses, regardless of their origin:

a) Loss of income or sales.

b) Loss of business.

c) Lost profits or loss of contracts.

d) Loss of anticipated savings.

e) Loss of data.

f) Loss of management time or office hours.

We will not be responsible for any failure or delay in the fulfillment of any of the obligations assumed, when the same is due to events that are beyond our reasonable control ("Cause of Force Majeure").

Force majeure shall include any act, event, failure to perform, omission or accident that is beyond our reasonable control. Below is a list of examples, without exhaustive or limiting nature:

a) Strikes, lockouts or other protest measures.

b) Civil commotion, revolt, invasion, terrorist threat or attack, war (declared or not) or threat or preparations for war.

c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.

d) Impossibility of using trains, ships, planes, motor transport or other means of transport, public or private.

e) Impossibility of using public or private telecommunications systems.

f) Acts, decrees, legislation, regulations or restrictions of any government or public authority.

It will be understood that the obligations will be suspended during the period in which the cause of force majeure continues, and we will have an extension in the term to comply with said obligations for a period of time equal to the duration of the cause of force majeure.

4.2. Confidentiality and data protection

Below, we inform you about the processing of your personal data:

The person responsible for data processing is Paellaclick, with CIF B46465290, with address at Avda. Miguel Hernández, 27B, 46970, Alaquàs, València and contact information 96 150 06 04 and info@paellaclick.com.

The purpose and legal basis for which we process your personal data is for the management of the execution of the contract or pre-contractual measures (purchase and sale contract).

The personal data we collect are identifying data (name and surname, ID, telephone number, email) and, where applicable, financial data (credit card).

We will only share your personal data when necessary: ​​web hosting, email service, transportation company, among others. In addition, when necessary, we will also share it with companies or collaborators.

We will keep your personal data for the time necessary for the purpose for which it was collected, as well as the time necessary for possible liabilities that may arise.

Current legislation grants you the following rights related to your personal data, which you can send to us through the different means of communication indicated in the first section, always attaching a photocopy of your identity document or equivalent identification document and indicating which right or rights you wish to exercise. :

Right of access: For example, you can exercise your right to access your personal data.

Right to rectification: For example, you can modify the data we process.

Right to object: For example, you can exercise your right not to receive further advertising/Newsletter.

Right to deletion: You can withdraw consent or request that we delete your personal data.

Right of limitation: For example, you can request that we retain your personal data longer.

Right to portability: For example, you can request that we send your personal data to other data controllers.

We inform you that, in case of disagreement with the processing of your personal data, you have the right to file a claim with the competent control authority (Spanish Data Protection Agency: www.aepd.es).

We inform you that the Data Controller carries out all those technical and organizational measures that guarantee that data processing complies with legal requirements and guarantees the protection of the rights of the interested parties/users. All of this, in accordance with the provisions of article 24 of the General Data Protection Regulation (GDPR).

In addition, we inform you that we carry out all applicable and necessary measures regarding the security of personal data:

We guarantee the ongoing confidentiality, integrity, availability and resilience of treatment systems and services.

We put all those measures in our hands to have sufficient capacity to restore availability and access to personal data quickly in the event of a physical or technical incident.

Where applicable, we apply encryption policies.

We have the protocol for verification, evaluation and assessment of the effectiveness of the technical and organizational measures implemented.

We have the protocol for notifying possible personal data security violations, both to the control authority and to the interested parties.

4.3. Applicable law and jurisdiction

This site is located and operates from Spain. These Legal Conditions of Sale, as well as the rest of the legal texts and the relationship between the user or consumer and the selling party, will be governed by Spanish legislation, as well as by Spanish Courts and Tribunals to hear any issues that may arise in regarding the interpretation, application and compliance of these Legal Conditions of Sale or the rest of the legal texts published on this website.

For those cases in which the buyer has the status of consumer, the parties submit, at their option, for the resolution of conflicts and waiving any other jurisdiction, to the courts and tribunals of the user's or consumer's domicile.

For those cases in which the buyer does not have the status of consumer or has a domicile outside of Spain, he or she will submit to the Courts and Tribunals of the seller's domicile, expressly waiving any other jurisdiction that may apply to them.