General Conditions

Introduction

This contractual document will govern the General Contract Conditions (hereinafter, "Conditions") through the website www.ellincesibarita.com , property of MACTAN TRADING, SL under the trademark of EL LINCE SIBARITA, hereinafter, PROVIDER, whose data of contact also appear in the Legal Notice of this Web.

These Conditions will remain published on the website at the disposal of the USER to reproduce and save them as confirmation of the contract, and may be modified at any time by MACTAN TRADING, SL. It is the responsibility of the USER to read them periodically, since those that are in force at the time of placing orders will be applicable. MACTAN TRADING, SL will not keep these conditions, so the user must make a copy and keep them.

The contracts will not be subject to any formality with the exception of the cases expressly indicated in the Civil and Commerce Codes and in this or other special laws.

The acceptance of this document implies that the USER:

  • You've read, you understand and you're agree with this text.
  • He is a person with sufficient capacity to contract.
  • You assume all the obligations set forth herein.

These conditions will have an indefinite validity period and will be applicable to all contracts made through the EL LINCE SIBARITA website.

EL LINCE SIBARITA 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. to the modification.


Identity of the contracting parties

On the one hand, EL LINCE SIBARITA of the products contracted by the USER is MACTAN TRADING, SL, with registered office at Calle Valdemorillo CALLE VALDEMORILLO 16-B 28925 ALCORCON (Madrid), NIF B87518692 and with customer service telephone number 648671667.

And on the other, the USER, who can make a purchase through a guest account or register on the website through a username and password, over which he has full responsibility for the use and custody, and is responsible for the veracity of the personal data provided by the lender.


Object of the contract

The purpose of this contract is to regulate the contractual relationship of sale born between EL LINCE SIBARITA and the USER at the moment in which the latter accepts the box corresponding to the General Conditions during the online contracting process.


Data rectification

When the USER identifies errors in the data published on the website or in the documents generated by the contractual relationship, they may notify the email info@ellincesibarita.com so that MACTAN TRADING, SL corrects them as soon as possible.

For any data rectification, contact info@ellincesibarita.com , or change them from your account if you have a registered account.


Hiring procedure

In order to access the products or services offered by EL LINCE SIBARITA , the USER must be of legal age and may purchase through a registered or unregistered user account. Therefore, the USER must freely and voluntarily provide the personal data that will be required, which will be treated in accordance with the provisions of Regulation (EU) 2016/679, of April 27, 2016 (GDPR), relative to the protection of natural persons with regard to the processing of personal data and the free circulation of these data and Organic Law 3/2018, of December 5 (LOPDGDD), regarding the protection of personal data and detailed in the Legal Notice and in the Privacy Policy of this website.

In case of registration, the USER will select a username and a password, committing to make diligent use of them and not to make them available to third parties, as well as to notify EL LINCE SIBARITA the loss or theft of the same or the possible access by an unauthorized third party, so that it proceeds to the immediate blocking.

Once the user account has been created, it is reported that in accordance with the requirements of article 27 of Law 34/2002, on Services of the Information Society and Electronic Commerce.

 

  1. GENERAL CONTRACTING CLAUSES

Unless specifically stipulated in writing, placing an order with EL LINCE SIBARITA It will imply the acceptance by the USER of these legal conditions. No stipulation made by the USER may differ from those of EL LINCE SIBARITA if it has not been expressly accepted in advance and in writing by EL LINCE SIBARITA .

  1. PREPARATION, SHIPPING AND DELIVERY OF ORDERS

EL LINCE SIBARITA will not send any order until it has verified that the payment has been made.

Merchandise shipments will usually be made by COURIER, according to the destination freely designated by the USER.

The shipment will be made once the availability of the merchandise has been confirmed and the payment of the order has been verified.

EL LINCE SIBARITA undertakes to deliver the order within 2-3 days, starting on the business day following the order, depending on the type of product being shipped.
If the shipment does not require cold transport, the delivery time is 1-2 business days.
If you require cold transport, the delivery time is 2-3 business days.

EL LINCE SIBARITA It only makes shipments in the Peninsula, Spain and Portugal. Shipping costs will be applied depending on the type of product, the shipping area, size and weight. They will be specified before finalizing the order.

 Products with shipment to Spain that do not require cold transport for shipment:
Orders that exceed 50 Euros, postage will be free, if the purchase is less than €50 the cost is €5.95

The distribution of products is carried out through TIPSA.

Products with shipment to Spain that require cold transport for shipment:
The products that require the shipment to be made by cold transport, the shipment will be made through SEUR FRIO, with controlled temperature, guaranteeing that the cold chain is not broken. Deliveries are always preferably before 1:30 p.m. so that the order arrives in the best conditions.

Orders that exceed 95 Euros, postage will be free, if the purchase is less than €95 the cost is €8.90

Products shipped to Portugal that do not require cold transport for shipment:
Orders that exceed 60 Euros, postage will be free, if the purchase is less than €60 the cost is €9

 

Lack of execution of the distance contract

In case of not being able to execute the contract because the contracted product or service is not available within the stipulated period, the USER will be informed of the lack of availability and that he will be entitled to cancel the order and receive a refund of the total amount paid without any cost, and without thereby deriving any liability for damages attributable to EL LINCE SIBARITA .

EL LINCE SIBARITA will not assume any responsibility when the delivery of the product or service does not take place, because the data provided by the USER is false, inaccurate or incomplete, or does not collect your order.

The delivery will be considered made at the time the carrier has made the products available to the USER and the USER, or their delegate, has signed the delivery receipt document.

It is up to the USER to verify the products upon receipt and expose all reservations and claims that may be justified in the delivery receipt document.

  1. RIGHT OF WITHDRAWAL

The USER has a period of fourteen calendar days , counted from the date of receipt of the product or from the conclusion of the sales contract if it were a provision of a service, to exercise the right of withdrawal, regulated in article 102 of the Royal Legislative Decree 1/2007 , of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws, hereinafter RDL 1/2007. If EL LINCE SIBARITA does not comply with the duty of information and documentation on the right of withdrawal, the term for its exercise will end twelve months after the expiration date of the initial withdrawal period, in accordance with article 105 of RDL 1/2007 .

The right of withdrawal will not be applicable to the contracts referred to and listed in article 103 of RDL 1/2007 , and which are listed here .

Due to the nature of the products sold on this website, the buyer who wishes to exercise his right of withdrawal must not open the product, so that it remains fit for consumption.

How to exercise the right of withdrawal

To exercise the Right of withdrawal, you must communicate your decision to withdraw from the contract through an unequivocal statement through the following channels:

  • By sending a communication by post to Mactan Trading SL, C/ Valdemorillo 16-B PI Ventorro del Cano, 28925 Alcorcón, Madrid.
  • By sending an email to our email address at info@ellincesibarita.com.
  • Using the model withdrawal form that we make available to you, you can send it to us by post or email. ( Download form ) .
  1. CLAIMS AND ONLINE DISPUTE RESOLUTION

Any claim that the USER deems appropriate will be dealt with as soon as possible, and can be made at the following contact addresses:

Postal: MACTAN TRADING, SL, Calle Valdemorillo Polg. Ind. Ventorro del Cano, 16 - B 28925 ALCORCON (Madrid)
Telephone: 648671667

E-mail: info@ellincesibarita.com .

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 USER and EL LINCE SIBARITA , without the need to resort to the courts of justice, 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, being able to finally suggest and/or impose a solution to the conflict.

Link to the ODR platform: http://ec.europa.eu/consumers/odr/

  1. FORCE MAJEURE

The parties will not incur liability for any fault due to force majeure. The fulfillment of the obligation will be delayed until the cessation of the case of force majeure.

  1. COMPETITION

The USER 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 comply with, the validity, legality and compliance of the rest will not be affected in any way, nor will they be modified in any way.

The USER declares to have read, know and accept these Conditions in their entirety.

  1. GENERALITIES OF THE OFFER

All sales and deliveries made by EL LINCE SIBARITA will be understood to be subject to these Conditions.

No modification, alteration or agreement contrary to the Commercial Proposal of EL LINCE SIBARITA or to what is stipulated herein, will have effect, unless there is an express written agreement signed by EL LINCE SIBARITA , in this case, these particular agreements will prevail.

  1. PRICE, TERM OF VALIDITY OF THE OFFER AND BILLING

The prices indicated for each product or service include Value Added Tax (VAT) or other taxes that may be applicable. These prices, unless expressly stated otherwise, do not include shipping or communication costs, handling 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 USER 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 budget online: items, quantities, price, availability, transport costs, charges, discounts, taxes and the total purchase. Prices may change daily while the order is not placed.

By accepting these general conditions you agree to receive the invoice in electronic format when placing your order. We will send your invoice by email upon request to info@ellincesibarita.com .

To this end, the client consents to the invoice being sent in electronic format. You may, at any time, revoke this consent by sending an email to info@ellincesibarita.com to receive your paper invoice, which we will send along with your order.

For any information about the order, the USER may contact EL LINCE SIBARITA through the customer service telephone number 648671667 or via email to the address info@ellincesibarita.com .

  1. METHODS OF PAYMENT, CHARGES AND DISCOUNTS

EL LINCE SIBARITA is responsible for economic transactions and enables the following ways to make the payment of an order:

  • Credit card
  • PayPal
  • Wire transfer.

Once your order is finished, the bank details will be shown on the screen so that you can make the transfer and you will also receive an email with this information.

  • Bank entity: CaixaBank
  • SWIFT: CAIXESBBXXX
  • Beneficiary: Mactan Trading SL
  • IBAN: ES98 2100 1319 7313 0051 7023
  • Remarks: Order code

When you have made the transfer, please send us an email with proof of payment to info@ellincesibarita.com . Once the amount of the order has been paid into our bank account, we will proceed to send your order.
Keep in mind that bank transfers take 1 to 2 business days to become effective depending on your bank.
If the transfer has not been made within 7 days, we will cancel your request.

The USER may use a discount coupon at the moment prior to the completion of the purchase if they have received it from EL LINCE SIBARITA .

Security measures

The website uses information security techniques generally accepted in the industry, such as SSL, data entered on a secure page, firewalls, access control procedures and cryptographic mechanisms, all in order to prevent unauthorized access to the website. data. To achieve these ends, the user/client accepts that EL LINCE SIBARITA obtain data for the purpose of the corresponding authentication of access controls.

EL LINCE SIBARITA undertakes not to allow any transaction that is considered illegal by the credit card brands or the acquiring bank and that may or has the potential to damage their goodwill or negatively influence them.

The sale or offer of a product or service that does not comply with all laws applicable to the Buyer, Issuing Bank, Merchant or Holder of the card(s) is prohibited, under the programs of the card brands.

  1. PURCHASING PROCESS

Any product from our catalog can be added to the basket. In this, only the articles, the quantity, the price and the total amount will be observed. Once the basket is saved, the taxes, charges and discounts will be calculated according to the payment and shipping data entered.

The steps to follow to make the purchase are:

  1. Mark the button to add the product you want to purchase to the cart, at that moment the product appears included in the cart. You can add more than one product to the cart.
  2. If you place the mouse over the cart icon, the buttons to view the cart and finalize the purchase will appear. Click on the checkout button.
  3. In the next field you can include the billing and delivery data and the different forms of payment.
  4. Once you have filled in all the required fields and chosen the payment method, click on the "Place the order" button and with this action you have completed the purchase. At this point, we will ask you to accept these general conditions, being formalized with your purchase.
  5. You will receive an email with the summary of your purchase. If you have chosen bank transfer as the payment method, remember that we will not send your order until we have received the payment, which may take a few days to arrive due to your bank. If after a few days we do not receive the payment, we will proceed to cancel your order.

The data related to the purchase will be kept computerized for the time required by law.

Likewise, it is recommended that the client print and/or save a copy on a durable medium of the conditions of sale when placing their order, as well as the proof of receipt sent by EL LINCE SIBARITA via email.

  1. DISSOCIATION AND SUSPENSION OR TERMINATION OF THE CONTRACT

If any of these terms and conditions are found to be unlawful, void or for any reason unenforceable, this condition will be deemed severable and will not affect the validity and enforceability of any remaining conditions.

EL LINCE SIBARITA may, without prior notice, suspend or terminate the USER's access to its services, in whole or in part, when the USER does not comply with the obligations established in this contract or any legal provision, license, regulation, directive, code of practice or policies that apply to you.

When EL LINCE SIBARITA exercises any of its rights or powers under this Clause, such exercise will not prejudice or affect the exercise of any other right, power or resource that may be available to EL LINCE SIBARITA .

  1. GUARANTEES AND RETURNS

The guarantees will respond to what is regulated in the Title referring to "Guarantees and after-sales services" of Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws, which you can access by clicking here .

  1. APPLICABLE LAW AND JURISDICTION

These conditions will be governed or interpreted in accordance with Spanish legislation in what is not expressly established. Any controversy that may arise from the provision of the products or services subject to these Conditions will be submitted to the courts and tribunals of the USER's domicile, the place of fulfillment of the obligation or the place where the property is located if it is real estate.