General terms and conditions of sale
GENERAL TERMS AND CONDITIONS OF SALE
These stipulations regulate the contracting of products and services offered and the advertising directed to its clients / users by vapersart, a commercial company that operates through the Internet from its website (vapersart.com) offering its clients technological and electronic products. and any other products that you may add to your range in the future. These General Conditions also regulate the rights and obligations of the parties derived from the sale and purchase operations agreed between them.
The clauses that are listed below configure the framework contract that all users who access the vapersart.com page are obliged to know and accept. For the sole purpose of these general conditions, the term "user" includes any Internet user who accesses the vapersart.com website, either directly or from any other Internet site.
The services offered by vapersart on this website will be governed by the conditions contained in this contract. vapersart reserves the right to modify, totally or partially, these general conditions, the new ones agreed upon from the moment of their publication on the page being applicable. In any case, the aforementioned modifications will not have retroactive effects on the goods or services already previously contracted by the users.
These General Conditions bind both parties and form an integral and inseparable part of the sale contract whose effectiveness operates at the time of signing the order at the request of the client, through the contracting mechanisms that will be specified later, all in accordance with the provisions of art. 1,255 of the Civil Code that includes the principle of the autonomy of the will and agreements between the contracting parties. For all purposes, it will be understood that the user accepts the conditions and rules of use related here if they press the "Accept" button that appears at the bottom of this document.
To fully guarantee the rights of consumers and users of vapersart, these General Conditions are established in accordance with the provisions of Spanish law, and in particular in Law 7/98 of April 13, General Conditions of Contract, Law 7/96 of January 15 on the Regulation of Retail Trade, Civil Code, Directive 2000/31 CE of the European Parliament and of the Council of June 8, Law 34/2002 of July 11 on information society services and of electronic commerce, Law 3/2014, of March 27, which modifies the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, approved by Royal Legislative Decree 1/2007, of November 16 (hereinafter, LGDCU) and other applicable laws and their implementing regulations.
II.-Identification and business name of the bidder company
vapersart with registered office at Avenida Alfonso XIII 142, 28016 Madrid, WITH NIF Nº Y8250700Q, provides its electronic sales services over the Internet on its website vapersart.com
His contact address is the e-mail: [email protected]
Their contact telephone number is +34 631 464 653.
The domicile for the purposes of claims will correspond to the one indicated as the company's registered office.
III.-Legal conditions of provision of the service and responsibility
Clarity and transparency in the information:
vapersart in compliance with the provisions of art. 10 of Law 34/2002 of July 11, through its website and these General Conditions, enables access by electronic means in a permanent, easy, direct and free way to comprehensive information on your business name (data fiscal, registry, address and communications address), as well as the client's data, with exclusive access to it, held by the company.
Likewise, in accordance with the aforementioned LGDCU, it offers the client both the pre-contractual information (see these General Conditions as well as the additional information in the different sections of the web) as well as the confirmation of the legally required information.
IV.-User / client access conditions
The user of the vapersart website will have the right to free and open access to the public information collected therein, although vapersart reserves the right to restrict access to information, promotions and special offers to its registered customers.
Any user who accesses the vapersart website has the right to register as a customer, thus being able to avail themselves of the special offers aimed at the group of registered customers if they meet the specific conditions of the offer that are specified for each product.
The public information contained in the vapersart website referring to both the vapersart company and the brands, productos, logos, ... of the wholesale companies and manufacturers of the products and services offered are protected by the legal provisions on intellectual and industrial property, so the copy, transmission, assignment, alienation or use by the client is not authorized / user outside the advertising purpose of their virtual publication who do not have the express consent of vapersart from the manufacturer of the product or the owner of brands and logos, in the terms provided in section XI on Industrial and Intellectual Property Rights.
User register:
The client / user prior to the formalization of the purchase of any of the products offered by vapersart must register their data and personal circumstances necessary for the formalization of the sale contract (name and surname or company name, ID / NIF, address, email address, phone / fax number).
The user may only contract and place orders if he is of legal age.
In order to place orders on the website, each client will provide vapersart voluntarily and under his responsibility his personal data.
All personal data provided by clients in a fraudulent or false manner may be considered as a crime of falsification of commercial documents.
vapersart 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 this case, the client may designate the desired key and password at their discretion, as long as these are available or are not assigned to other clients. Through an automatic process, vapersart, if desired by the customer, will generate the access key and password for the customer. Keys or passwords with immoral, injurious, humiliating, discriminatory content or that contravene the provisions of the laws, nor those with terms that refer to brands, products or names protected by the legal provisions on Intellectual Property, Industrial or contrary to the rights to privacy, honor and self-image.
The client undertakes to ensure the confidentiality of his own access code and password. vapersart is exempt from any responsibility derived from the incorrect use or negligence on the part of the client in the fulfillment of his obligation of confidentiality of his access codes.
V.-Offer and acceptance process
PRODUCT PURCHASE-SALE CONDITIONS
Pricing policy:
vapersart reserves at any time and unilaterally the right to modify the price of the products and services offered through its website. To guarantee the customer the certainty and security of the price of their products, this will be the one in force in the advertising coinciding with the time of formalizing the order.
In the electronic purchase process, the following steps will be followed according to the menu of options consigned on the vapersart website:
Information about the product offered to the customer:
It includes the technical characteristics, description, warranty period, manufacturer's brand, indicative photograph (if applicable).
Product price information:
information on the final price or sale price to the public of the product to be purchased, containing in the same order the final cost for the customer and including VAT, shipping costs and insurance of goods and handling derived from transport. The final cost, therefore, will be communicated to the customer in the electronic purchase process before he formalizes his acceptance by choosing the "finalize purchase" option from the options menu.
Possible discounts or promotional gifts will be freely directed by vapersart to the groups designated at all times by vapersart, or depending on the product offered, according to the advertising existing at any time on its website.
Acceptance of the order:
At the time of order formalization, once the order acceptance menu option has been used, it is understood that the client's consent has been given for the validity and effectiveness of the sale contract that binds the parties.
After accepting the order, vapersart will inform the customer of the same by sending the order confirmation.
The commitment acquired by vapersart for the sale and delivery of the merchandise offered is subject to the stock of the advertised product and its availability until the end of stocks, so vapersart, in its commitment to quality and customer service, tries at all times to advertised products are available.
VI.-Product warranty
The guarantee of the products sold by vapersart is provided and established by virtue of the regulations contained in current legislation, in particular, in the aforementioned LGDCU, legal framework that tThe purpose is to provide the consumer with different options to demand remediation when the good acquired is not in accordance with the contract, giving him the option to demand the repair or replacement of the good, unless one of these is impossible or disproportionate. When the repair or replacement is not possible or is disproportionate, the consumer may demand a price reduction or the termination of the contract.
Commercial guarantee:
By virtue of the LGDCU, the seller is obliged to deliver to the consumer a good that is in accordance with the sales contract in the terms that it establishes, by virtue of which:
"The seller is obliged to deliver to the consumer and user products that are in accordance with the contract, responding to him for any lack of conformity that exists at the time of delivery of the product."
vapersart will not be held liable for possible damages that may result from misuse, unprofessional handling or installation, or malfunction such as short circuit. The guarantee will not be valid in case of factors external to the normal use of the product, such as power surges or drops, use of inappropriate accessories or those prohibited by the manufacturers, falls, water, fire or improper or abusive handling by the customer or by third parties not authorized by the manufacturers.
The calculation of the guarantee will begin on the same day of delivery, by virtue of the LGDCU.
In the case of product repairs, the customer must go exclusively to official technical services (recognized and licensed by the manufacturers).
Without prejudice to the sanitation regime described above, and even in the event of full conformity of the good, the customer may withdraw from his order and return it within fourteen business days, as indicated in the following sections.
The guarantee is addressed only to the owner (contractual party) that appears on the invoice and only the owner may demand it.
vapersart will not be responsible for meeting third-party requirements that have not directly acquired the good through vapersart and / or that do not appear on the sales invoice.
VII.-Client 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.
Not receive promotional or advertising emails if they have been rejected.
Access, rectify, cancel and / or oppose the treatment of the client's personal data that are in the vapersart database at the client's request, all in accordance with the provisions of the section on Personal Data Protection.
Free access to the open sections of the vapersart website
Know at all times the status of processing of the order made.
Desist from this contract within a period of 14 business days from receipt of the product without the need for justification. The withdrawal period will expire 14 business days from the day the customer *, or a third party indicated by him, other than the carrier received the product.
To exercise the right of withdrawal, you must notify vapersart. (Address: Calle de jesus apprentice 1, 28009 Madrid by phone: +34 631 464 653 or Email: info @ vapersart.com your decision to withdraw from the contract. You may also make an unequivocal statement of your decision through a letter sent by post.
To meet the withdrawal period, it is sufficient that the communication regarding the exercise by you of this right is sent before the corresponding period expires.
You can download a model withdrawal form at the following link: https://www.vapersart.com/desistimiento.pdf
NOTE: When receiving your order, it is very important that you check that everything is correct, that the order is complete and has no damaged parts. If you notice any problem with your order, please notify us within 48 hours by phone: +34 631 464 653, or by email at: [email protected]
Consequences of withdrawal:
In the event of withdrawal, we will refund all payments received, without any undue delay and, in any case, no later than 14 calendar days from the date on which we are informed of the decision to withdraw from this contract.
We will proceed to make said reimbursement using the same means of payment used for the initial transaction, unless the client has expressly provided otherwise; In any case, you will not incur any expenses as a result of the reimbursement.
* Important: Consumers will be considered to be natural or legal persons who act in an area other than a business or professional activity. vapersart, will not accept returns for withdrawal per pairyou from companies or professionals.
Exceptions to withdrawal:
By its nature, the return for withdrawal of the following products is excluded:
Clearomizers, mouthpieces, e-liquids, batteries whose seal / packaging has been damaged or opened.
All products that require direct contact with some parts of the body, such as clearomizers, mouthpieces, drip tips, whose packaging has been unsealed or the slightest signs of use are detected.
Return conditions:
In cases of wear or deterioration of the property for reasons that are not exclusively due to its proof to make a decision on its final acquisition, vapersart will agree with the client the amount to be returned.
The customer must bear the direct cost of returning the goods. The client will only be responsible for the decrease in value of the goods resulting from a manipulation other than that necessary to establish the nature, characteristics and operation of the goods. In cases of excessive use of the property, said return will not be accepted. Please decide before using the product whether you are really interested in it.
vapersart will not be responsible for returns on products handled by the customer, or those goods that are returned incomplete both in their main elements and accessories.
For any questions about the correct delivery of the products, contact our Customer Service department.
Returned products that do not have the original packaging may suffer a depreciation in value.
VIII.-Obligations of the user / client
Keep your personal keys with due diligence.
Faithfully use the shopping service provided by vapersart on its website, refraining from manipulating the contents of its website, introducing degrading content or interfering with its computer media through viruses or other behaviors prohibited by law.
Respect the purchase agreement once the order has been accepted, with the timely payment of the agreed price and refrain from engaging in abusive and unlawful conduct in contracting.
Use the information published by vapersart exclusively by the client strictly within the intended personal business relationship.
Not to reproduce, alienate or dispose of the information published by vapersart in all its contents without the express permission of the company itself.
IX.-Rights of vapersart
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 of the customer.
Refuse access to computer tools to clients in the event of non-compliance with these conditions.
Receive the amount of the customer's purchases accepted the transaction.
Reserve the domain and retain full ownership of the article until full payment by the customer.
Reserve the right to carry out raffles for goods or services on its website.
Use the information published by vapersart exclusively by the client strictly within the intended personal business relationship.
Not to reproduce, alienate or dispose of the information published by vapersart in all its contents without the express permission of the company itself.
Proceed to correct or amend human or computer errors.
X.-Intellectual and industrial property rights
The rights related to industrial and intellectual property (by way of example and not limitation: trademarks, logos, texts, photographs, icons, images, ..., as well as graphic design, source code and other software elements contained in the page Web "vapersart.com") are owned by vapersart or the wholesale companies and manufacturers of the products and services offered. Therefore, they are subject to intellectual and industrial property rights and protected by Spanish and international legislation.
Without the prior written authorization of vapersart, or, where appropriate, the wholesale company or the manufacturer of the product that owns the rights, it is not allowed to use, copy, distribute, reproduce, transmit, manipulate, as well as any use that exceeds a normal and necessary use for the visit of the page and the use of the services offered.
Access to the services provided does not imply vapersart renouncement, transmission or total or partial cession of the rights derived from intellectual and industrial property, nor does it attribute rights of use, alteration, exploitation, reproduction, distribution or public communication of these contents. without the prior and express written authorization of the respective holders of said rights, without prejudice to the right to view and obtain a private security copy of such content, provided that said right is exercised according to the principles of good faith and provided that it is maintained unaltered intellectual property and industrial of the owner of such rights, is used for non-commercial purposes and exclusively for the user's personal information.
The responsibility derived from the use of materials protected by the intellectual and industrial property rights of third parties contained in this page in an illegal way or that violates morality, honor or privacy and good faith, will correspond exclusively to the user, exempting in any case to vapersart from any liability arising from such conduct.
XI.-Disclaimer
vapersart will not be liable for interruptions that occur in electrical or telecommunications services that prevent users from using the services offered.
XII.-Protection of personal data
Information:
The information received by vapersart through its website will be treated with the utmost confidentiality. vapersart will at all times observe the current provisions on data protection, in particular, Organic Law 15/1999, of December 13, on the Protection of Personal Data, and will adopt the necessary measures to, in relation to said data, avoid its alteration, loss, treatment and unauthorized access and for its employees to observe said prescriptions, as well as the duty of secrecy regarding the data subject to protection and other confidentiality obligations in force. Likewise, it undertakes not to use the personal data of the users of the page for purposes other than the purpose of contracting the services it provides.
In accordance with current legislation, vapersart collects personal data from its clients and includes them in a file owned by it and whose treatment is exclusively for the purpose of managing the orders requested from the Company and responding to queries that they make. users can formulate. The entity responsible for the files is vapersart.The user must provide the personal data and circumstances necessary to register as a client of the Company and formalize purchase contracts (name and surname or company name, ID / NIF, address, email address email, phone / fax number). The registration of these data is mandatory; The lack of completion of the same by the user or the provision of incorrect data will make it impossible for vapersart to correctly manage the orders placed. vapersart requests additional personal data for statistical purposes that allow it to know the user's profile. The user can omit or stop communicating any data or personal circumstance that is not absolutely necessary for registering as a customer or formalizing the purchase. vapersart may allow third-party advertising companies to place advertisements on its website. The data may be used by vapersart in order to send the user information about offers and advertising information to the email or personal address provided, to which the client expressly consents; however, the client may choose at any time to reject the sending of such information by sending an e-mail in this regard.
Likewise, the client expressly consents that vapersart communicates said data to companies or banks for the management of the transport and the collection of the order. vapersart may also carry out other data communications provided for by law.
Rights of access, rectification, cancellation and opposition:
vapersart, recipient of the data collected on this page, undertakes to respect and facilitate the exercise of the rights recognized by law and, in particular, the rights of access to data, rectification, cancellation of data. and opposition, if pertinent. Such rights may be exercised by the user or, where appropriate, by whoever represents him, by means of a written and signed request, addressed to the following address: Avenida Alfonso XIII 142, 28016 Madrid
Security in the treatment, computer processing and custody of data:
vapersart declares and guarantees that it maintains the security levels for the protection of personal data in accordance with current legislation, and that it has established all the technical means at its disposal to avoid the loss, misuse, alteration, unauthorized access and theft of the data provided by users. All this without prejudice to the fact, which the user expressly accepts, that the security measures on the Internet are not impregnable.