This contract document, be governed by the General Conditions of contract for goods or services (hereinafter, the "Terms") through the web site pescadosgutierrez.com, the property of EELS AND FISH GUTIERREZ SL, hereinafter, PROVIDER, whose contact details are also included in the Legal Notice of this Website.
These Conditions may be modified at any time. It is the responsibility of the USER read them regularly, as they will apply those that are in effect at the time of ordering.
Contracts will not be subject to any formality with the exception of the cases expressly mentioned in the Civil and commercial Codes, and in this or in other special laws.
The acceptance of this document implies that the USER: Has read, understood and accept what is stated here.
Is a person with sufficient capacity to contract. Assumes all of the obligations set forth herein.
These conditions will have a validity period of indefinite and will be applicable to all contracts made through the website of the PROVIDER.
PROVIDER reports that the trade is responsible and knows the current legislation of the countries to which you send the products, and reserves the right to unilaterally modify the conditions, without affecting the goods or promotions that were acquired prior to the amendment.
Identity of the contracting parties:
On the one hand, the PROVIDER of the products or services contracted by the USER is EELS AND FISH GUTIERREZ SL, with social address in C/ Manuel Case of the Villa, – 33560 RIBADESELLA (Asturias), NIF B52547668 and phone customer/USER ...................................................
And another, the USER registered on the website by a user name and password, over which you have full responsibility for its use and custody, and is responsible for the accuracy of the personal data provided to the service PROVIDER.
The object of the contract
This agreement is to regulate the contractual relationship of the sale born between the service PROVIDER and the USER at the time that this accepted during the recruitment process in line in the appropriate box.
The relationship sales contract entails the delivery, in exchange for a certain price and publicly exposed through the website, of a particular product or service.
The USER you will select a user name and a password, pledging to make diligent use of the same and to not make them available to third parties, as well as to communicate to the PROVIDER the loss or theft of the same, or possible access by an unauthorized third party, so that it will proceed to the immediate blocking
Once it has been created the user account, it is reported that, in accordance with the requirements of article 27 of Law 34/2002, of Services of the Information Society and Electronic Commerce (LSSICE), the recruitment procedure will follow the following steps:
- General conditions of recruitment.
- Shipping of orders
- Right of withdrawal
- Force majeure
- Overview of the offer
- Price and term of validity of the offer
- Transport costs
- Form of payment, expenses and discounts
- Purchase process
- Applicable warranties
- Warranty and returns
- Applicable law and jurisdiction.
- GENERAL CONDITIONS OF CONTRACT
Unless otherwise agreed in writing, the execution of an order to the PROVIDER implies the acceptance on the part of the USER of these legal terms and conditions. No stipulation made by the USER may differ from those of the PROVIDER if you have not been expressly accepted in advance and in writing by the PROVIDER.
- SHIPPING OF ORDERS
The PROVIDER do not send any request or activate any service until you have verified that the payment has been made.
Shipments of goods shall be made usually by EXPRESS COURIER (POSTAL EXPRESS, SEUR, UPS, STD, etc), depending on the destination freely designated by the USER.
Lack of implementation of the contract at a distance
The dates and periods of delivery shall be approximate and does not constitute the delay fundamental breach. In the event that the PROVIDER I would not have made the delivery of the goods, within 30 days after the agreed delivery date, due to lack of availability of the product or service, the USER should be informed and be entitled to cancel the order and refund the total amount paid without any cost, and without any liability for damages that are attributable to the PROVIDER.
In case of unreasonable delay on the part of the PROVIDER the return of the total amount, the USER be able to claim that he is paid twice the amount owed, without prejudice to its right to be indemnified for the damages incurred in excess of such amount.
The delivery time is usually between 2 and 5 days, depending on the target population and the method of payment chosen. It is understood this term always has confirmed the availability of the goods and checked the complete payment of the order.
The PROVIDER assumes no liability when the delivery of the product or service is not getting done, being the data provided by the USER, false, inaccurate or incomplete.
The delivery shall be deemed made at the time the carrier has delivered the goods available to the USER and this, or the delegate of this, has signed the document on receipt of the delivery.
Corresponds to the USER check the products upon receipt and expose all the caveats and complaints may be justified in the document of receipt of the delivery.
In the event that the contract did not involve the physical delivery of any product, but an activation of some services, as these are directly downloaded from the web site, the PROVIDER shall inform the USER with regard to the procedure that you must follow to perform this download.
- RIGHT OF WITHDRAWAL
The USER has the same rights and deadlines to proceed with the return and/or claim any defects or defects with the product or service, both in online mode, and offline.
The USER you have a period of fourteen calendar days, counted from the date of receipt of the product, to return the same (article 71 of the Law 3/2014, of march 27). Except that the return is made by defects in the product, the expenses about the shipment will be borne by the USER. The product must be returned in their original packaging and in perfect state and, in the case of provision of a service, from the day of activation and/or discharge of the same.
The right of withdrawal shall not apply in the following cases:
- If the product is not in perfect
- If the packaging of the product 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 conditions, being prohibited the use of seals and adhesive tapes applied directly to the
- When the product is opened without being able to prove that there has
- In the software applications that are directly downloaded through the website or desprecintadas by the USER after their physical delivery.
- When they are customized products, or those who, for reasons of hygiene or other exceptions legally provided for in article 103 of Law 3/2014, of 27
- In the supply of products the price of which depends on fluctuations in the financial market that the LENDER will not be able to control and which may occur during the period of
- In the supply of goods made according to the specifications of the USER or clearly
- In the supply of goods which are liable to deteriorate or expire
All returns must be communicated to the PROVIDERby e-mail at email@example.com stating the invoice number or applicable order.
Once the USER has been received by the returns number will be sent the product to the PROVIDER, indicating this number in the letter of transmittal, with transport costs at your expense, in the home of FISH RIBADESELLA, C/ Manuel Case of the Villa, – 33560 RIBADESELLA (Asturias).
Any claim that the USER considered timely will be answered in the shortest as possible, and can be performed in the following contact addresses:
Zip: EELS AND FISH GUTIERREZ SL, C/ Manuel Case of the Villa, – 33560 RIBADESELLA (Asturias) Phone: 985 86 01 17 / 649 415 182
Online dispute resolution (Online Dispute Resolution)
Pursuant to Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a platform of free access conflict resolution online between the USER and the service PROVIDER, without the need of recourse to the courts of justice, through the intervention of a third party, called the Agency for dispute resolution, which is an intermediary between the two. This agency is neutral and will be discussed with both parties to reach an agreement, being able to finally suggest and/or impose a solution to the conflict.
Link to the platform ODR: http://ec.europa.eu/consumers/odr/
- FORCE MAJEURE
The parties will not incur any responsibility for any failure due to force majeure. The performance of the obligation is delayed until the cessation of the force majeure event.
The USER you may not assign, transfer or convey the rights, responsibilities and obligations contracted in the sale.
If any provision of these terms is deemed invalid or unenforceable, the validity, legality and enforceability of the remainder shall not be affected in any way, nor will they suffer modification in any way.
The USER declares to have read, understand and accept these Terms in their entirety.
- OVERVIEW OF THE OFFER
All sales and deliveries made by the PROVIDER shall be subject to these Conditions.
Any modification, alteration, or covenant, is contrary to the Proposal's Commercial FISH RIBADESELLA or to herein, shall have effect unless expressly agreed in writing and signed by the PROVIDERin this case, these agreements specific shall prevail.
Given the continuous technical advances and improvements of the products, the PROVIDER reserves the right to modify its specifications in respect of the information provided in their advertising, even that does not affect the value of the products offered. These modifications will also void in the event that, for any cause, affected the possibility of supply of the products offered.
- PRICE AND TERM OF VALIDITY OF THE OFFER
Prices indicated for each product include the Value Added Tax (VAT) or other taxes which may be applicable. These prices, unless otherwise expressly stated, do not include the cost of shipping, handling, packaging, insurance, shipping or any other additional services and annexes to the product or service you purchased.
The prices applicable to each product are posted on the web site, and shall be denominated in the EURO currency. The USER it assumes that the economic valuation of some of the goods may vary in real-time.
Before you make your purchase you can verify on-line all the details of the budget: articles, quantities, price, availability, transport costs, charges, discounts, tax and the total of the purchase. The prices may change daily as you do not make the order.
Once you have placed the order, the prices will remain so if there is availability of products or not.
Any payment made to the PROVIDER involves the issuance of an invoice in the name of the USER registered or social reason that this has been informed at the time of placing the order. This invoice will be sent together with the product purchased, as well as in PDF format, to the email address provided by the USER.
For any information on the order, the USER you can contact them via the phone customer service PROVIDER or via email to the address .
- TRANSPORT COSTS
Prices do not include shipping or communication, nor of installation or download, or additional services, unless expressly agreed otherwise in writing.
The postage is calculated at the time of saving the basket or budget, since they are calculated by the weight of the products and the delivery address.
The maximum rate of transport is applied is the following:
Peninsula up to 5 Kg: 18,75 € insurance included.
Monday to Friday. Saturday 25.95 € insurance included
- PAYMENT METHODS, CHARGES, AND DISCOUNTS
The PROVIDER enables the following ways to make the payment of an order:
Credit card: do not apply discounts or fees. Card payments will not be accepted if it exceeds 3000 €.
The web site uses security techniques generally accepted in the industry, such as firewalls, access control procedures and cryptographic mechanisms, all with the aim of preventing unauthorized access to the data. To achieve these purposes, the user/client accepts that the provider obtains data for the purposes of the corresponding authentication of the access controls.
The PROVIDER you agree not to allow any transaction that is or is deemed illegal by the credit card brands or the acquiring bank, which may or has the potential to damage the goodwill of the same, or have a negative impact on them.
The following activities are prohibited under the programs of the card brands: the sale or offer of a product or service that does not comply with all laws applicable to the Buyer, Issuing Bank, Merchant, or the Holder of the card or cards.
- PROCESS OF PURCHASE Basket (budget simulation)
Any product from our catalogue can be added to the basket. In this, just observe the items, the quantity, the price and the total amount. Once saved, the basket will be calculated the taxes, fees and discounts based on the payment information and send you entered.
The baskets do not have any linkage to administrative, it is only a section where you can simulate a budget without any commitment by both parties.
From the basket you can make an order by following the steps below for your correct formalization:
- – Check your billing information.
- – Check the shipping address.
- – Selection of the form of
- – Place order (buy).
Once processed the order, the system instantly sends an email to the department of management to the service PROVIDER and the other to the USER's e-mail confirming the order.
Orders (purchase requests)
In a maximum of 24 hours on weekdays, an email will be sent to the USER confirming the status of your order and the date of shipment, and/or approximate delivery.
- APPLICABLE WARRANTIES
All products offered through the website are completely original, unless otherwise noted in its description. They all have a warranty period of two years, according to the criteria and conditions described in the Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for Defense of consumers and users and other complementary laws.
- WARRANTY AND RETURNS
The warranty of the products offered will respond to the following items based on the Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for Defense of Consumers and Users and other complementary laws:
Article 114. General principles.
The seller is obliged to deliver to the consumer and users with products that are in conformity with the contract, responding in front of him for any lack of conformity which exists at the time of delivery of the product.
Article 115. Scope of application.
- Are included in the scope of application of this title contracts for the sale of goods and contracts for the supply of products to be produced, or
- The provisions of this title shall not apply to products purchased through judicial sale, water or gas, when they are not put up for sale in a limited volume or set quantity, and also does Not apply to second-hand products purchased at auction by the administrative to the consumers and users to be able to attend personally.
Article 116. Conformity of the goods with the contract.
- In the absence of proof to the contrary, it is understood that the products are in accordance with the contract, provided that they meet all the requirements set forth below, unless the circumstances of the case one of them is not applicable:
- Conform to the description given by the seller and possess the qualities of the product that the seller presented to the consumer and users in the form of a sample or
- They are suitable for the uses to which normally used the products of the same
- Are fit for any particular purpose required by the consumer and user, when I have knowledge of the seller at the time of conclusion of the contract, provided that it has been admitted that the product is suitable for such
- Showing the quality and performance which are normal in a product of the same type and which the consumer can reasonably expect, taking into account the nature of the product and, in his case, of public statements on the specific characteristics of the products made by the seller, the producer or his representative, particularly in advertising or on The seller shall not be bound by such public statements by demonstrating that it was not aware and could not reasonably be expected to know of the statement in question that the statement had been corrected at the time of conclusion of the contract or that the statement could not influence the decision to buy the product.
- The lack of conformity resulting from incorrect installation of the product will match to the lack of conformity of the product when the installation is included in the contract of sale or supply regulated in article 1 and has been made by the seller or under his responsibility, or by the consumer and user when the installation is faulty due to an error in the installation instructions.
- Cannot be held liable for lack of conformity, the consumer and user knew or could not reasonably be unaware at the time of the conclusion of the contract or that have their origin in materials supplied by the consumer and user.
Article 117. Incompatibility of actions.
The exercise of the actions contemplated by this title shall be incompatible with the exercise of the actions arising from the liability for hidden defects of the sale.
In any case, the consumer shall have the right, in accordance with the legislation
ion civil and commercial matters, to be compensated by damages, and damages arising out of the lack of conformity.
Article 118. The responsibility of the seller and rights of the consumer and user.
The consumer has a right to the repair of the product, or its replacement, the reduction of the price or to the termination of the contract, in accordance with the provisions of this title.
Article 119. Repair and / or replacement of the product.
- If the product is not in conformity with the contract, the consumer and user can choose between demanding the repair or replacement of the product, unless one of these two options is objectively impossible or From the time the consumer and user, communicated to the seller the chosen option, both parties will have to stick to it. This decision of the consumer and user is understood to be without prejudice to the provisions of the following article for the cases where repair or replacement is not possible to put the product in accordance with the contract.
- Is considered disproportionate to the form of sanitation that in comparison with the other, imposes costs on the seller which are unreasonable, taking into account the value that would be the product if there were no lack of conformity, the relevance of the lack of conformity and whether the alternative remedy could be done without inconvenience to the consumer and
To determine if the costs are not reasonable, the costs corresponding to a form of sanitation must be, in addition, significantly higher than the corresponding expenses to the other form of sanitation.
Article 120. The legal regime of the repair or replacement of the product. The repair and replacement shall conform to the following rules:
- Will be free for the consumer and Such gratuity shall include the necessary costs incurred to remedy the lack of conformity of the product with the contract, especially the shipping costs, as well as the costs associated with the labor, time and materials.
- Should be carried out in a reasonable time and without significant inconvenience to the consumer and user, taking into account the nature of the goods and the purpose for which you have for the consumer and
- Repair suspends the calculation of time limits referred to in article 123. The suspension period will begin from the consumer and user to put the product available to the seller and will conclude with the delivery to the consumer and user of the product repaired. During the six months subsequent to the delivery of the repaired product, the seller will be responsible for any unwarranted faults arising out of the repair, presumiéndose that it is the same lack of conformity when reproduced in the product, defects of the same origin as the initially
- If you completed the repair, and delivered the product, it remains not in conformity with the contract, the consumer and user may require the replacement of the product, except that this option would be disproportionate, the reduction of the price or rescission of the contract on the terms set out in this chapter.
- The replacement suspends the time-limits referred to in article 123 from the exercise of the option by the consumer and user, up to the delivery of the new product. The product replacement will be of application, in any case, article 1, second paragraph.
- If the replacement could not put the product in accordance with the contract, the consumer and user will be able to demand the repair of the product, except that this option would be disproportionate, the reduction of the price or rescission of the contract on the terms set out in this chapter.
- The consumer and user may not require the replacement, in the case of products not expendable, nor when the product is second -
Article 121. The price reduction and termination of the contract.
The reduction of the price and the rescission of the contract shall, at the choice of the consumer and user, when he could not demand the repair or replacement and in the cases in which they had not been carried out in reasonable time or without significant inconvenience to the consumer and user. The resolution shall not apply when the lack of conformity is minor.
Article 122. Criteria for the reduction of the price.
The price reduction will be proportional to the difference between the value that the product would have had at the time of the delivery having been in conformity with the contract and the value that the product actually delivered had at the time of such delivery.
Article 123. Deadlines.
- The seller will be responsible for any unwarranted faults that become apparent within two years from the In the second-hand goods, the seller and the consumer may agree to a shorter time period, which shall not be less than one year from delivery.
- Unless proven otherwise, it shall be presumed that any lack of conformity which becomes apparent within six months subsequent to the delivery of the product, whether new or second-hand, already existed when the thing is delivered, except when this presumption is incompatible with the nature of the product or the nature of the lack of conformity
- In the absence of proof to the contrary, delivery is understood to be made on the day indicated on the invoice or proof of purchase receipt, or in the bill of delivery, if it were to be
- The seller is obliged to deliver to the consumer or user who wishes to exercise their right to the repair or replacement, to justification of the delivery of the product, showing the date of delivery and the lack of conformity caused by the exercise of the
In the same way, along with the product repaired or replaced, the seller shall deliver to the consumer or user to justification of delivery confirming the date hereof and, in his case, the repair is made
The action to claim the fulfilment of the provisions of chapter II of this title shall become statute-barred three years from the time of delivery
The consumer and user must inform the seller of the lack of conformity within two months after he has knowledge of The breach of such term shall not entail loss of the right to sanitation appropriate, being responsible for the consumer and user, however, for the damages actually caused by the delay in the communication.
In the absence of proof to the contrary, it is understood that the communication of the consumer and user, has taken place within the specified period.
Article 124. Action against the producer.
When the consumer is impossible or imposes an undue burden directed against the seller for the lack of conformity of the goods with the contract may claim directly from the producer in order to obtain replacement or repair of the product.
Generally, and without prejudice to the responsibility of the producer to cease, for the purposes of this title, on the same terms and conditions as set out to the seller, the producer shall be responsible for the lack of conformity when it relates to the origin, identity or suitability of the products, according to its nature and purpose and with the rules that regulate them.
Who has responded to the consumer front, and user shall have a period of a year to repeat against the responsible of the lack of conformity. That period shall be computed from the time that they completed the sanitation.
- APPLICABLE LAW AND JURISDICTION
These terms and conditions are governed by and construed in accordance with Spanish legislation on matters not expressly established. The service PROVIDER and the USER agree to submit to the courts and tribunals of the residence of the USER for any dispute that may arise from the provision of the products or services subject to these Conditions.