GENERAL CONDITIONS OF SALE
The ownership of this website www.coplasem.es, (hereinafter Website) is held by: COPLASEM S.L, with Tax Identification Number: B-48637524 and registered in: Bilbao Mercantile Register; and whose registry details are: Volume 770 Folio 206 Page BI-10498-B Entry 3ª, and whose contact details are:
- Address: POL. UGALDEGUREN I PAB 4, 48160 DERIO-BIZKAIA
- Phone: 944545022
- Email: firstname.lastname@example.org
This document (as well as other documents mentioned herein) regulates the conditions governing the use of this Website (www.coplasem.es) and the purchase or acquisition of products and/or services on it (hereinafter, Conditions).
For the purposes of these Conditions it is understood that the activity that Coplasem develops through the Web Site includes:
Manufacture, marketing and distribution of packaging and containers
We also inform you that these Conditions may be modified. The User is responsible for consulting them each time he/she accesses, browses and/or uses the Website, as those in force at the time the purchase of products and/or services is requested will be applicable.
For all questions that the User may have in relation to the Conditions, he/she can contact the owner using the contact details provided above or, where appropriate, using the contact form.
Access, browsing and use of the Website confers the condition of user (hereinafter referred to, indistinctly, individually as User or jointly as Users), and therefore, from the moment browsing the Website begins, all the Conditions established herein are accepted, as well as their subsequent modifications, without prejudice to the application of the corresponding legal regulations of obligatory compliance as the case may be.
The User assumes responsibility for the correct use of the Website. This responsibility extends to:
- Use this Website only to make legally valid enquiries and purchases or acquisitions.
- Do not make any false or fraudulent purchases. If it could reasonably be considered that such a purchase has been made, it may be cancelled and the relevant authorities will be informed.
- Provide truthful and lawful contact details, e.g. e-mail address, postal address and/or other details (see Legal Notice and General Conditions of Use).
The User declares that he/she is over 18 years of age and has the legal capacity to enter into contracts through this Website.
The Web Site is primarily intended for users residing in Spain. Coplasem not ensure that the Web Site complies with laws of other countries, either in whole or in part. Coplasem disclaims any liability that may arise from such access, nor does it ensure shipments or provision of services outside Spain.
The User may formalize, at its option, with Coplasem the contract of sale of products and / or services desired in any of the languages in which these Conditions are available on this Web Site.
PURCHASE OR ACQUISITION PROCESS
Duly registered Users may purchase on the Website by the means and in the manner established. They must follow the online purchase and/or acquisition procedure of www.coplasem.es, during which various products and/or services can be selected and added to the shopping cart, basket or final purchase space and, finally, click on: "Pay now".
Likewise, the User must fill in and/or check the information requested at each step, although, during the purchase process, before making the payment, the purchase details may be modified.
Subsequently, the user will receive an email confirming that Coplasem has received your order or request for purchase and / or provision of service, ie order confirmation. And, where appropriate, you will be informed, also by email when your purchase is being sent. Where appropriate, this information could also be made available to the user through your personal space connection to the Web Site.
Once the purchase procedure has been completed, the user agrees that the Web Site generates an electronic invoice that will be sent to the user via email and, where appropriate, through your personal space connection to the Web Site. Also, the User may, if desired, obtain a copy of your paper invoice, requesting it to Coplasem using the contact spaces of the Web Site or through the contact details provided above.
The User acknowledges being aware, at the time of purchase, of certain particular conditions of sale concerning the product and/or service in question and which are shown together with the presentation or, where appropriate, image of the same on the page of the Website, indicating, by way of example, but not exhaustively, and on a case-by-case basis: name, price, components, weight, quantity, colour, details of the products, or characteristics, the way in which they will be carried out and/or the cost of the services; and acknowledges that the placing of the purchase order or acquisition materialises the full and complete acceptance of the particular conditions of sale applicable to each case.
All purchase orders received by Coplasem through the Website are subject to the availability of products and / or that no circumstance or force majeure (clause nine of these Conditions) affect the supply of the same and / or the provision of services. If there are difficulties in the supply of products or products were not in stock, Coplasem agrees to contact the User and refund any amount that may have been paid as an amount. This shall also apply in cases where the provision of a service becomes unfeasible.
PRICES AND PAYMENT
The prices displayed on the Website are final prices, in Euros (€) and include taxes, unless otherwise stated and applied by law, especially with regard to VAT.
Shipping costs are included in the final prices of the products as shown on the Website. Thus, Coplasem performs delivery services and / or shipping through: XXXXXXXX
Under no circumstances will the Website automatically add additional costs to the price of a product or service, but only those that the User has voluntarily and freely selected and chosen.
Prices may change at any time, but any changes will not affect orders or purchases for which the User has already received an order confirmation.
The accepted means of payment will be: Credit or debit card.
Coplasem uses all means to ensure the confidentiality and security of payment details transmitted by the User during transactions through the Website. As such, the Website uses a secure payment system SSL (Secure Socket Layer).
Credit cards will be subject to checks and authorizations by the bank issuing the same, if that entity does not authorize the payment, Coplasem not be liable for any delay or non-delivery and may not enter into any contract with the user.
Once Coplasem receive the purchase order by the user through the Web Site, a pre-authorization will be made in the appropriate card to ensure that there are sufficient funds to complete the transaction. The charge on the card will be made at the time it is sent to the user confirmation of shipment and / or confirmation of the service being provided in the manner and, where appropriate, place established.
In any case, by clicking on "Pay now" the User confirms that the payment method used is his or her own.
In cases where physical delivery of the contracted goods is required, deliveries will be made within the following territory: Spain (Peninsula and Balearic Islands).
With the exception of those cases in which there are unforeseen or extraordinary circumstances or, where appropriate, arising from the personalisation of the products, the purchase order consisting of the products listed in each purchase confirmation will be delivered within the period indicated on the Website according to the shipping method selected by the User and, in any case, within a maximum period of 30 calendar days from the date of the order confirmation.
If for any reason, which was attributable, Coplasem could not meet the delivery date, will contact the user to inform him of this circumstance and he may choose to proceed with the purchase by setting a new delivery date or cancel the order with a full refund of the price paid. In any case, home deliveries are made on working days.
If it is impossible to deliver the order due to the User's absence, the order may be returned to the warehouse. However, the carrier will leave a notice explaining where the order is and how to have it redelivered.
If the user is not going to be at the place of delivery in the agreed time slot, you should contact Coplasem to arrange delivery on another day.
In the event that 30 days after your order is available for delivery, and has not been delivered for reasons not attributable to Coplasem, Coplasem understand that the user wishes to withdraw from the contract and it shall be deemed terminated. As a result of the termination of the contract, all payments received from the user will be refunded, except for the additional costs resulting from the user's own choice of a delivery method other than the least expensive mode of ordinary delivery offered by the Web Site, without undue delay and, in any case, within a maximum period of 14 calendar days from the date on which the contract is considered terminated.
However, the User must bear in mind that the transport derived from the resolution may have an additional cost that may be charged to the User.
For the purposes of these Conditions, delivery shall be deemed to have taken place or the order to have been delivered at the time when the User or a third party indicated by the User acquires material possession of the products, which shall be evidenced by the signature of the receipt of the order at the agreed delivery address.
The risks that may arise from the products will be borne by the user from the time of delivery. The user acquires ownership of the products when Coplasem receives full payment of all amounts due in connection with the purchase or acquisition made, including shipping costs, or at the time of delivery, if this takes place at a later time to the full receipt of the amount paid by Coplasem.
In accordance with the provisions of Law 37/1992 of 28 December 1992 on Value Added Tax (VAT), purchase orders for delivery and/or service shall be understood to be located in the territory where Spanish VAT applies if the delivery address is in Spanish territory except for the Canary Islands, Ceuta and Melilla. The applicable VAT rate shall be that legally in force at any given time depending on the specific article in question.
TECHNICAL MEANS TO CORRECT ERRORS
It informs the User that in case you detect that there has been an error when entering data necessary to process your purchase request on the Website, you can change them by contacting Coplasem through the contact spaces provided on the Website, and, where appropriate, through those enabled to contact customer service, and / or using the contact details provided in the first clause (General Information). Likewise, this information may also be corrected by the User through his or her personal connection space on the Website.
In any case, the User, before clicking on "Pay now", has access to the space, cart, or basket where their purchase requests are recorded and can make modifications.
In cases where the User purchases products on or through the Website of the Owner, the User is entitled to a number of rights, as listed and described below:
Right of withdrawal
The User, as a consumer and user, makes a purchase on the Website and therefore has the right to cancel the purchase within 14 calendar days without giving any reason.
This withdrawal period shall expire 14 calendar days from the day on which the User or a third party authorised by the User, other than the carrier, acquired the material possession of the goods purchased on the Coplasem Website or in case the goods composing his order are delivered separately, 14 calendar days from the day on which the User or a third party authorised by him, other than the carrier, acquired the material possession of the last of those goods that made up the same purchase order, or in the case of a service contract, 14 calendar days from the day of the conclusion of the contract.
To exercise this right of withdrawal, the user must notify its decision to Coplasem. You can do so, if necessary, through the contact spaces provided on the Website.
The user, regardless of the means you choose to communicate your decision, you must express clearly and unequivocally that it is your intention to withdraw from the purchase contract. In any case, the user may use the model withdrawal form that Coplasem makes available as part attached to these Conditions, however, its use is not mandatory.
In order to comply with the withdrawal period, it is sufficient that the communication unequivocally expressing the decision to withdraw is sent before the expiry of the withdrawal period.
In case of withdrawal, Coplasem will reimburse the User all payments received, including shipping costs (with the exception of the additional costs chosen by the User for a shipping method other than the least expensive method offered on the Website) without undue delay and, in any case, no later than 14 calendar days from the date on which Coplasem is informed of the decision to withdraw by the User.
Coplasem will reimburse the User using the same payment method used by the User to make the initial purchase transaction. This refund will not generate any additional cost to the user. However, Coplasem may withhold such reimbursement until it has received the products or items of purchase, or until the user provides proof of the return of the same, depending on which condition is met first.
The User can return or send the products to Coplasem at: POL. UGALDEGUREN I PAB 4, 48160 DERIO-BIZKAIA
It shall do so without undue delay and in any event not later than 14 calendar days from the date on which Coplasem was informed of the withdrawal decision.
The User acknowledges being aware that he/she shall bear the direct cost of returning (transport, delivery) of the goods, should any be incurred. In addition, he/she shall be liable for any diminished value of the products resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods.
The User acknowledges that there are exceptions to the right of withdrawal, as set out in article 103 of Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws. By way of example, and not exhaustively, this would be the case of: personalised products; products that may deteriorate or expire quickly; music or video CDs/DVDs without their packaging, as sealed at the factory; products that for reasons of hygiene or health are sealed and have been unsealed after delivery.
In this same sense governs the provision of a service that the user could hire on this website, as this same law states that the right of withdrawal will not assist the users when the service has been fully executed, or when it has begun, with the express consent of the consumer and user and with the recognition on his part that he is aware that, once the contract has been fully executed by Coplasem, he will have lost his right of withdrawal.
In any case, no refund will be made if the product has been used beyond the mere opening of the product, of products that are not in the same condition in which they were delivered or that have suffered any damage after delivery.
The products must also be returned using or including all their original packaging, instructions and other accompanying documents, as well as a copy of the purchase invoice.
Return of defective products or delivery error
These are all those cases in which the User considers that, at the time of delivery, the product does not conform to the stipulated in the contract or purchase order, and therefore should contact Coplasem immediately and let you know the existing disagreement (defect / error) by the same means or using the contact details provided in the previous section (Right of Withdrawal).
The User will then be informed on how to proceed with the return of the products, and these, once returned, will be examined and the User will be informed, within a reasonable period of time, whether the refund or, if applicable, the replacement of the product is appropriate.
The refund or replacement of the product will be made as soon as possible and in any case within 14 days from the date on which we send you an e-mail confirming the refund or replacement of the non-conforming item.
The amount paid for those products that are returned because of a defect, when it really exists, will be refunded in full, including delivery costs and the costs that the User may have incurred to make the return. The refund will be made by the same means of payment that the User used to pay for the purchase.
In any case, the rights recognised in the legislation in force at any given time for the User, as a consumer and user, shall always apply.
The User, as a consumer and user, enjoys guarantees on the products you can purchase through this Web Site, in the terms legally established for each type of product, responding Coplasem, therefore, for the lack of conformity of the same that is manifested within two years from the delivery of the product.
In this sense, it is understood that the products are in accordance with the contract provided that: conform to the description made by Coplasem and possess the qualities presented in the same; are suitable for the uses to which products of the same type are normally intended; and present the usual quality and performance of a product of the same type and that are fundamentally expected of the same. When this is not the case with regard to the products delivered to the User, the User must proceed as indicated in the section Return of defective products or delivery errors. However, some of the products marketed on the Website may present non-homogeneous characteristics as long as these derive from the type of material from which they have been manufactured, and which will therefore form part of the individual appearance of the product, and will not be a defect.
On the other hand, it may be the case that the User acquires on the Website a product of a brand or manufactured by a third party. In this case, and considering that the User is dealing with a defective product, he/she also has the possibility of contacting the brand or manufacturer responsible for the product to find out how to exercise his/her legal warranty rights directly against them during the two years following the delivery of the said products. In order to do so, the User must have retained all information regarding the warranty of the products.
DISCLAIMER OF LIABILITY
Unless otherwise provided by law, Coplasem accepts no liability for the following losses, irrespective of their origin:
- Any losses that were not attributable to any breach by you;
- Business losses (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or unnecessary expenses incurred); or of
- any other indirect loss which was not reasonably foreseeable by both parties at the time the contract of sale of the goods was concluded between them./li>
Coplasem also limits its liability in the following cases:
- Coplasem applies all measures concerning to provide a faithful display of the product on the Web Site, however it is not responsible for the slightest differences or inaccuracies that may exist due to lack of screen resolution, or problems of the browser being used or others of this nature.
- Coplasem will act with the utmost diligence in order to make available to the company responsible for the transport of the product object of the purchase order. However, it is not responsible for damages arising from a malfunction of transport, especially for reasons such as strikes, road delays, and in general any other typical of the sector, resulting in delays, losses or theft of the product.
- Technical failures due to fortuitous or other causes that prevent the normal operation of the service via the Internet. Lack of availability of the Web Site for maintenance or other reasons, which prevents the availability of the service. Coplasem puts all the means at its disposal for the purpose of carrying out the process of purchase, payment and shipping / delivery of products, however disclaims liability for reasons not attributable to him, fortuitous event or force majeure.
- Coplasem is not responsible for misuse and / or wear of the products that have been used by the user. At the same time, Coplasem is not responsible for an erroneous return made by the user. It is the responsibility of the user to return the correct product.
- In general, Coplasem not be liable for any failure or delay in the performance of any of the obligations assumed, when the same is due to events beyond its reasonable control, ie due to force majeure, and this may include, but not limited to:
- Strikes, lockouts or other industrial action.
- Civil commotion, riot, invasion, terrorist threat or attack, war (declared or undeclared) or threat or preparation for war.
- Incendio, explosión, tormenta, inundación, terremoto, hundimiento, epidemia o cualquier otro desastre natural.
- Inability to use trains, ships, planes, motor transport or other means of transport, public or private.
- Inability to use public or private telecommunications systems.
- Acts, decrees, legislation, regulations or restrictions of any government or public authority.
In this way, the obligations will be suspended for the period during which the force majeure continues, and Coplasem will have an extension in the deadline to fulfil them for a period of time equal to the duration of the force majeure. Coplasem shall use all reasonable means to find a solution to enable it to fulfil its obligations despite the force majeure.
WRITTEN COMMUNICATIONS AND NOTIFICATIONS
By using this Web Site, you agree that most communications with Coplasem are electronic (email or notices posted on the Web Site).
For contractual purposes, the User consents to use this electronic means of communication and acknowledges that all contracts, notices, information and other communications that Coplasem send electronically comply with legal requirements to be in writing. This condition does not affect the rights granted by law to the user.
The User can send notifications and / or communicate with Coplasem through the contact details provided in these Conditions and, where appropriate, through the contact spaces on the Website.
Also, unless otherwise stipulated, Coplasem may contact and / or notify the user in your email or postal address provided.
No waiver by Coplasem of any specific legal right or action or the lack of requirement by Coplasem of strict compliance by the User of any of its obligations shall constitute a waiver of any other rights or actions arising from a contract or the Conditions, or exonerate the User from the fulfilment of its obligations.
No waiver by Coplasem of any of these Conditions or of any rights or remedies arising from a contract shall be effective unless it is expressly stated to be a waiver and is formalised and communicated to the User in writing.
If any of these Conditions should be declared null and void by a final decision issued by a competent authority, the remaining clauses shall remain in force and shall not be affected by such declaration of nullity.
These Conditions and any document expressly referred to in these constitute the entire agreement between the User and Coplasem in relation to the object of sale and replace any other previous pact, agreement or promise agreed verbally or in writing by the same parties.
The User and Coplasem acknowledge that they have consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except as expressly mentioned in these Conditions.
APPLICABLE LAW AND JURISDICTION
Access to, browsing and/or use of this Website and contracts for the purchase of products through it shall be governed by Spanish law.
Any dispute, problem or disagreement arising out of or related to access, navigation and / or use of the Website, or the interpretation and enforcement of these Conditions, or sales contracts between Coplasem and the User, shall be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals.
COMPLAINTS AND CLAIMS
The User can send to Coplasem their complaints, claims or any other comments you wish to make through the contact details provided at the beginning of these Conditions (General Information).
In addition, Coplasem has official complaint forms available to consumers and users, and that they can request Coplasem at any time, using the contact details provided at the beginning of these Conditions (General Information).
Also, if a dispute arises from the conclusion of this purchase contract between Coplasem and the User, the User as a consumer may request an out-of-court settlement of disputes, in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council of 21 May 2013 on the settlement of consumer disputes online and amending Regulation (EC) 2006/2004 and Directive 2009/22/EC. You can access this method via the following website: https://ec.europa.eu/consumers/odr/.