I.- PURPOSE AND SCOPE OF APPLICATION
These provisions They are intended to regulate the use of electronic sales services for the different goods and services offered by ARSAMAR ENTERPRISE, S.L. hereinafter ARSAMAR, a commercial company that operates on the Internet from its website www.arsamar.com selling travel items to its customers, school bags and backpacks and leather accessories.
The The clauses listed below constitute the framework contract that all users who access the www.arsamar.com page are obliged to know and accept. For the sole purposes of these general conditions, the term "user" includes any Internet user who accesses the website www.arsamar.com either directly or from any other Internet site.
The services offered by ARSAMAR on this website will be governed by the conditions contained herein. contract. ARSAMAR reserves the right to modify, in whole or in part, these general conditions, with the new terms and conditions being applicable from the moment of their publication on the website. In any case, the aforementioned modifications will not have retroactive effects on goods or services previously contracted by users.
These General Conditions bind both parties and form an integral and inseparable part of the sales contract, the effectiveness of which takes effect at the time of the order being signed at the request of the client, through the contracting mechanisms that will be specified later, all in accordance with the provisions of Article 1,255 of the Civil Code, which includes the principle of autonomy of will and agreements between the contracting parties. For all purposes, it will be understood that, by placing an order, the user accepts the conditions and rules of use listed here.
In order to guarantee the rights of ARSAMAR consumers and users in their entirety, these General Conditions are established in accordance with the provisions of Spanish law, and in particular in Law 3/2014, of March 27, which modifies the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws, Law 7/98 of April 13 on General Conditions of Contracting , Law 7/96 of January 15 on the Regulation of Retail Trade, Civil Code, Directive 2000/31 EC of the European Parliament and of the Council of June 8, Royal Decree Law 7/2021 on the sale of goods and the supply of content or digital services and Law 34/2002 of July 11 on information society services and electronic commerce.
II.-IDENTIFICATION AND COMPANY NAME OF THE OFFERING COMPANY
ARSAMAR ENTERPRISE, S.L. with registered office at Avda. La Feria, 13 2ºB CPOS 46860 Albaida, province of Valencia in Spain, with CIF B98056799 provides its electronic sales services over the Internet on its website www.arsamar.com
Their contact address is e-mail contact.es@arsamar.com. The address for complaints will be the one indicated as the registered office of the company.
III.-OBJECT
These General Conditions regulate the contracting of products and services offered by ARSAMAR and the advertising directed to its clients/users, all through its website, as well as the rights and obligations of the parties. derived from the purchase and sale transactions agreed between them.
IV.-LEGAL CONDITIONS OF SERVICE PROVISION AND RESPONSIBILITY CLARITY AND TRANSPARENCY IN THE INFORMATION
ARSAMAR in compliance with the provisions of art. 10 of Law 34/2002 of July 11, through its website and these General Conditions, enables permanent, easy, direct and free electronic access to comprehensive information on its corporate name (tax and registry data, address and communications address), as well as customer data, with exclusive access to the same.
V.- USER/CLIENT ACCESS CONDITIONS
The user of the ARSAMAR website will have the right to free and open access to the public information contained therein, although ARSAMAR reserves the right to restrict access to information, promotions and special offers to its registered customers.
Any user who accesses the ARSAMAR website has the right to register as a customer, and may therefore benefit from the special offers intended for the group of registered customers if they meet the specific conditions of the offer specified for each product.
The public information contained on the ARSAMAR website relating to both the company ARSAMAR and the brands, products, logos, etc. of the wholesale companies and manufacturers of the products and services offered are protected by the legal provisions on intellectual and industrial property, therefore the copy, transmission, transfer, alienation or use by the client for purposes other than the advertising purpose of its virtual publication that does not have the express consent of ARSAMAR or the manufacturer of the product or the owner of the brands and logos, in the terms provided for in section XI on Industrial and Intellectual Property Rights, is not authorized.
USER REGISTRATION
Prior to formalizing the purchase of any of the products offered by ARSAMAR, the client/user must register their personal details and circumstances necessary for the formalization of the sales contract (name and surname or company name, ID/NIF, address, email address, telephone/fax number).
In order to place orders on the Website, each client must voluntarily and under their own responsibility provide ARSAMAR with their personal details.
Any personal data provided by customers in a fraudulent or false manner may be considered a crime of falsification of commercial documents.
ARSAMAR may offer the customer a personal registration system through a personalized access code (login) and a password (password) to facilitate future purchase operations for the customer. In such case, the customer may designate at their discretion the desired code and password, provided that they are available or have not been assigned to other customers. Through an automatic process, ARSAMAR, if the customer so wishes, will generate the access code and password for the customer.
The client undertakes to ensure the confidentiality of his/her own access code and password. ARSAMAR is exempt from any liability arising from incorrect use or negligence by the client in fulfilling his/her obligation to keep his/her access codes confidential.
VI.- OFFER AND ACCEPTANCE PROCESS.
CONDITIONS OF SALE AND DELIVERY OF THE PRODUCT
Pricing policy: ARSAMAR reserves the right at any time and unilaterally to modify the price of the products and services offered through its website. To guarantee the customer certainty and security regarding the price of their products, this will be the one in effect in the advertising coinciding with the time of formalizing the order.
The purchased product may suffer, due to manufacturer availability, non-substantial modifications in the components, characteristics or features of the batch that integrates it, as long as do not detract from the advertised quality and performance.
Product price information: information on the final price or retail price of the product to be purchased, containing the final cost for the customer and including VAT, shipping costs and merchandise insurance and handling derived from transport. The final cost will therefore be communicated to the customer during the electronic purchasing process before the latter formalizes his acceptance by choosing the “order acceptance” option from the options menu. Any possible discounts or promotional gifts will be freely directed by ARSAMAR to the groups designated at any given time by ARSAMAR or based on the product offered, according to the advertising existing at any given time on its website.
Order acceptance: at the time of formalizing the order, once the order acceptance menu option has been used, the customer's consent is deemed to have been given for the validity and effectiveness of the contract of sale that binds the parties. ARSAMAR will electronically store the order.
The commitment made by ARSAMAR's sale and delivery of the merchandise offered is subject to the stock of the advertised product and its availability while stocks last, so ARSAMAR, in its commitment to quality and customer service, tries at all times to ensure that the advertised products are available. . However, if exceptional circumstances of interactive multiple orders or other circumstances occur that cause the product to run out of stock, the order and the contract signed between the parties will be void by virtue of this termination clause, with the customer being fully reimbursed in the event of prepayment. the amounts paid for the same, without any compensation in favor of any of the parties for breach of contract, consequential damages or loss of profits.
ARSAMAR confirms acceptance of your order to the customer through the following means: email, fax or postal mail. The sale will not be finalized until the ARSAMAR company confirms the order.
ARSAMAR reserves the right not to confirm an order for a specific reason such as the supply of products, a problem related to the order received, an abnormal order or a foreseeable problem regarding delivery.
For payments by credit/debit card, we do not store card information. , nor do we access them. All transactions are executed directly by Caixabank and the TPV Addon Payments platform on its highly secure servers. The TPV Addon Payments of Caixabank is secure and a national benchmark in online transactions. It is approved according to the Secure Electronic Commerce (CES) protocols and is based on the 3D Secure system, also called "Verified by Visa" in Visa, and "SecureCode" in Mastercard.
3DSecure: Verified by Visa - SecureCode
In practice, 3D Secure means that we will enter our card number, expiration date and the graphic cryptogram into the Virtual POS of the online store, but after having filled in this information, we will be redirected to the website of the bank that issued the card, which will ask us for additional information that only the owner of the card and the bank know. The information will be requested in accordance with the authorization mechanism established by said bank and each bank is free to apply the one it considers appropriate.
Invoice: ARSAMAR will issue an invoice in (PDF) format that will be sent to you by mail, once the sale has been made. ARSAMAR warns that it will not be able to modify sales invoices later in compliance with current regulations. (Royal Decree 1496/2003 on Billing regulations, modified by Royal Decree 87/2005). The invoice will be issued in the name of the individual or company that placed the order, so the customer must ensure that the order is placed in the correct name.
In the event of a stock shortage due to any incident, our customer service department will notify the customer of any delay, giving them the option of cancelling or changing the order.
Once the order is sent to the customer, delivery times will be subject to the conditions of the agreed parcel service if they are included, or selected, if they are destinations not agreed with any transport service.
All shipments are made from Monday to Friday during school days, therefore, purchases made on Friday will not be processed until the following school Monday.
Place and method of delivery: The order will be delivered to the address designated by the customer at the time of contracting. The subsequent modification of the delivery place requested by the customer may generate additional costs on the sale price that will be at the buyer's expense. The merchandise will be delivered to the customer by a transport company, together with a delivery note in which the data that allow the identification of the customer, the order, and the number of packages that make up the shipment will be recorded. The merchandise is covered at all times against risks of transport, loss and handling.
If the customer verifies at the time of delivery errors in the goods received or that they are visibly damaged, they must record these circumstances on the carrier's delivery note and inform ARSAMAR of these facts within 14 business days in writing or by email to legal@arsamar.com through the customer service published on its website by implementing the withdrawal form provided at the point for this purpose, addressed to the email or registered office of the company. In any case, the customer must verify that the goods have been delivered in perfect condition. Claims after 14 business days after delivery cannot be accepted.
Once the buyer has been informed by email that their order has been shipped, if after the indicated shipping times they have not received the product, they can contact us again by phone: 962356629 (during office hours), or by email at contact.es@arsamar.com, so that we can clarify the cause of the delay on the part of the transport company.
In the event of impossibility of delivery due to force majeure, accident, strike, administrative decision or transport strike that delays, prevents or makes the supply exorbitant, it constitutes, by express agreement, a clause of suspension or termination of the obligations of the ARSAMAR company, without compensation for the benefit of the client if the cause takes place for more than 15 days.
If the Customer is absent at the time of delivery, the carrier will leave a receipt indicating how to proceed to arrange a new delivery. After 7 business days from the departure for delivery without delivery being possible, the Customer must contact ARSAMAR. If the customer does not contact us within 10 business days, the product will be returned to the warehouse and the customer will be responsible for any possible expenses.
If the reason for the failure to deliver is due to loss by the carrier, an investigation will be carried out and the customer will be provided with a solution within a maximum period of 15 business days.
VII.- PRODUCT WARRANTY
The warranty on products sold by ARSAMAR is provided and established under the existing regulations on guarantees in the Sale of Consumer Goods, a legal framework that aims to provide the consumer with different options to demand compensation when the purchased good does not comply with the contract, giving them the option of demanding repair or replacement of the good, unless this is impossible or disproportionate. When repair or replacement is not possible or is disproportionate, the consumer may demand a price reduction or termination of the contract.
Commercial guarantee: manufacturers may offer additional guarantees, the extent and duration of which differ depending on the products and brands. These guarantees will be the sole responsibility of the manufacturer who is obliged to comply with them. Under this law, the seller is obliged to deliver to the consumer a good that is in accordance with the contract of sale in the terms established by the law itself. Therefore, as established in article 4 of the aforementioned law on the seller's responsibility and the rights of the buyer: "The seller will be liable to the consumer for any lack of conformity that exists at the time of delivery of the good. Under the terms of this law, the consumer is recognized the right to repair the good, to its replacement, to a price reduction and to the termination of the contract." In any case, the batch number of the product to be repaired must correspond to the files owned by ARSAMAR.
ARSAMAR will not be responsible for possible damages that may result from misuse or manipulation.
VIII.- CUSTOMER RIGHTS
Confidentiality and security of the client's personal data in accordance with the provisions of current Spanish legislation on data protection. No dissemination, transmission or publication of customer data without their express consent. No receipt of promotional or advertising emails if they have rejected them. Consult, modify and delete the client's personal data that is in the ARSAMAR database at the client's request, all in accordance with the provisions of the section on Personal Data Protection.
Know at all times the processing status of the order placed.
RETURNS
Unilateral withdrawal/revocation of the requested order: In accordance with the provisions of art. 104 of Royal Legislative Decree 1/2007, which approves the revised text of the General Law for the Defense of Consumers and Users, the client (consumers or users are considered only the natural or legal persons who acquire, use or enjoy the product as final recipients) will have the right to revoke the requested order within a period of fourteen days from receipt thereof, prior notification to ARSAMAR within this period so that the appropriate return channels can be established (return number, and form and delivery address of the return shipment), with refund of the price only of the product that has been paid for it. In the event of exercising this right of withdrawal, the customer will be responsible for the return costs and any damage suffered by the product or merchandise. In cases of use, breaking of the seal or opening of the container of the good, said return will not be accepted, unless it has been stated on the delivery note. The return costs will be deducted from the price of the product at the time of the refund. In no case will it be possible to manage procedures for returns or exchanges of merchandise at our registered office.
ARSAMAR will not be responsible for returns on products handled by the customer, or those goods that are returned incomplete, both in their main and accessory elements. The right of withdrawal will not apply outside the indicated period and due to their nature they cannot be returned.
Under Article 103 of the General Law for the Defense of Consumers and Users, the following are exempt from return:
- Personalized products, which have been manufactured according to the exact specifications of the consumer.
If you exercise the right of withdrawal, you can download the form at the following link
Professionals: Those who, without being final recipients, acquire, store, use or consume goods or services for the purpose of integrating them into production, transformation, commercialization or provision processes to third parties will not be considered consumers and users. Therefore, they do not benefit from the rights granted to consumers.
Instructions for sending products: The delivery of a possible return will not be managed directly at our facilities, but will be handed over to the carrier for shipment. We inform you that, in order to avoid any incident, it is necessary that the smaller products are protected by external packaging - as you have received it at home - and thus avoid any type of damage or manipulation of the original packaging of the product during transport. For larger products, external packaging protecting the original is not essential, however, it is important that you ensure that the product is sent properly protected within the original box with the protections intended for this purpose (corks, polystyrene, bubble wrap, etc.) and avoiding any type of manipulation of it.
IX.- USER/CUSTOMER OBLIGATIONS
- Keep your personal passwords with due diligence.
- Use the information published by ARSAMAR exclusively by the client strictly within the intended personal business relationship.
- Do not reproduce, sell or dispose of the information published by ARSAMAR in all its contents without the express permission of the company itself.
- Faithfully use the shopping service provided by ARSAMAR on its website, refraining from manipulating the contents of its website, or interfering in its computer media through viruses or other prohibited conduct in Law.
- Respect the purchase agreement once the order has been accepted, with the appropriate payment of the agreed price.
X.- ARSAMAR RIGHTS
- Preserve, modify or suspend your website without prior notice.
- Modify the price of the offers.
- Reject orders due to lack of stock or non-payment by the customer.
- Refuse access to computer tools to customers in case of non-compliance with these conditions.
- Collect the amount of the customer's purchases once the transaction has been accepted.
- Reserve the domain and retain full ownership of the item until full payment by the customer.
- Reserve the right to carry out raffles of goods or services on its website.
XI.- DISPUTES
In the event of a conflict or controversy, the client can resort to the EU's online extrajudicial dispute resolution platform at the following link https://ec.europa.eu/consumers/odr