General Contracting Conditions
General Contracting Conditions
This contractual document will govern the contracting of products and services through the website www.valenciacf.es, owned by Tiendas Oficiales VCF, S.L.U, hereinafter PROVIDER.
Acceptance of this document implies that the USER:
- Has read, understood and agreed with this text.
- Is a person with sufficient capacity to contract the service.
- Accepts all the obligations set forth herein.
- Tiendas Oficiales VCF, S.L.U, reserves the right to cancel any transaction and/or order that contains any text that may be considered inappropriate or offensive.
These conditions will have an indefinite validity period and will be applicable to all contracts made through the PROVIDER's website.
The PROVIDER informs the USER that the business is responsible and understands 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 acquired prior to the modification.
Identity of all parties
The supplier of the goods or services contracted by the USER is Tiendas Oficiales VCF, SLU, with its registered office at Plaza del Valencia Club de Futbol, 2 - Bajo 46010 Valencia (Valencia), NIF B98205966 and the customer service telephone number 963372626.
The USER, registered on the website by means of a username and password, over which they have full responsibility for its use and custody, and are responsible for the veracity of the personal data provided to the PROVIDER.
Objective of the contract
The purpose of this contract is to regulate the contractual relationship of the sale between the PROVIDER and the USER at the moment in which the latter accepts the purchase by marking the corresponding box during the online contracting process.
The contractual relationship of sale entails the delivery, in exchange for a certain price publicly shown on the website, of a specific product or service.
Contract procedure
The USER, in order to access the services or products offered by the PROVIDER, must register through the website by creating a 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 (GDPR) and Organic Law 3 / 2018 of December 5 (LOPDGDD), and detailed in the Legal Notice and Privacy Policy of this website.
The USER will select a username and password, committing to make diligent use of them and not to make them available to third parties, as well as to notify the PROVIDER of any loss or theft of them or of possible access by an unauthorised third party, so that the PROVIDER may proceed to its immediate block.
Once the user account has been created, in accordance with what is required by article 27 of Law 34/2002, on Services of the Information Society and Electronic Commerce (LSSICE), the contracting procedure will follow the following steps:
1. General contracting clauses.
2. Shipment of orders.
3. Right of withdrawal.
4. Claims.
5. Force majeure.
6. Competition.
7. Generalities of the offer.
8. Price and validity period of the offer.
9. Transportation costs.
10. Form of payment, expenses and discounts.
11. Purchase process.
12. Applicable warranties.
13. Guarantees and returns.
14. Applicable law and jurisdiction.
1. GENERAL CLAUSES
Unless specifically stipulated in writing, placing an order with the PROVIDER will imply acceptance by the USER of these legal conditions. No stipulation made by the USER may differ from those of the PROVIDER if it has not been expressly accepted in advance and in writing by the PROVIDER.
2. SHIPPING COSTS
The PROVIDER will not send out any order until it has been verified that payment has been made.
Merchandise shipments will usually be made by EXPRESS COURIER (in general, DHL), according to the destination freely designated by the USER.
The delivery dates or deadlines shall be understood as being approximate, and any delay not constituting non-compliance. In the event that the PROVIDER has not made the delivery of the merchandise after 10 days from the agreed delivery date, the customer will be entitled to cancel their order and receive a refund of the total amount paid at no additional cost, and without thereby deriving liability for damages attributable to the PROVIDER.
The delivery time is usually between 2 and 5 working days, depending on the destination and the chosen form of payment. This term is understood as applying long as the availability of the merchandise has been confirmed and the full payment of the order has been verified.
The PROVIDER will not assume any responsibility when delivery of the product or service does not take place, due to the data provided by the USER being false, inaccurate or incomplete.
The delivery will be considered as completed when the courier has made the products available to the USER and the USER, or the latter's delegate, has signed the delivery receipt document.
It is up to the USER to verify the products upon receipt, and express any exceptions and claims that may be justified in the delivery receipt document.
In the event that the purchase does not entail the physical delivery of any product, with these being directly downloaded from the website, the PROVIDER will inform the USER of the procedure to be followed to perform this download.
3. RIGHT TO RETURN
The USER has the same rights and deadlines within which to proceed with the return and/or claim possible defects that the product or service presents, both online and offline.
The USER has a period of one month, counted from the date of receipt of the product, to return it (article 71 of Law 3/2014 of March 27). The expenses related to shipping, in the case of a return, will be assumed by the PROVIDER. The product must be returned in its original packaging and in perfect condition.
The right to return may not be applied in the following cases:
1. If the product is not in perfect condition.
2. If the product packaging is not the original or is not in perfect condition. The original packaging must protect the product so that it is received in perfect condition, and the use of sealants and adhesive tape applied directly upon it is prohibited.
3. When the product is opened without being able to demonstrate that it has not been used.
4. In software applications that are directly downloaded through the portal.
5. When the products are personalised or those that, for reasons of hygiene or other legally foreseen exceptions, are not subject to this right.
All returns must be communicated to the PROVIDER, requesting a return number (RMA) through the RMA form made available for this, indicating the invoice or order number.
Orders with PICK UP IN STORE will have a maximum period of 10 calendar days for collection from the time the order is ready for collection in your shop. The USER will be informed by email when their order is ready for collection. The CUSTOMER will also be contacted via email after 4 days as a reminder. After 10 days the order will be cancelled.
Once the USER has received the RMA number, they will send the product to the PROVIDER, indicating this number in the shipping letter, with the transport costs paid at their expense, to the address of Tiendas Oficiales VCF, SLU, Plaza del Valencia Club de Futbol, 2 - Bajo 46010 Valencia (Valencia).
4. COMPLAINTS
Any claim that the USER considers appropriate will be attended to as soon as possible, and can be made using the following contact addresses:
Postal: Official Stores VCF, S.L.U, Plaza del Valencia Club de Futbol, 2 - Bajo 46010 Valencia (Valencia)
Telephone: 963372626
Mail: [email protected]
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 the PROVIDER, 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 initiate a dialogue with both parties to reach an agreement, being able to suggest and/or impose a solution to the conflict.
Link to the platform: http://ec.europa.eu/consumers/odr/
5. FORCE MAJEUR
The parties will not incur liability for any non-compliance due to force majeur. The fulfillment of the obligation will be delayed until the cessation of the case of force majeure.
6. COMPETENCE
The USER may not assign, transfer or transmit the rights, responsibilities and obligations contracted in the purchase.
If any stipulation of these conditions is considered null or impossible to fulfill, the validity, legality and fulfillment of the remainder will not be affected in any way, nor will they be modified in any way.
The USER declares to have read, understood and accepted these General Conditions in their entirety.
7. GENERAL CONDITIONS OF THE OFFER
All sales and deliveries made by the PROVIDER will be understood to be subject to these General Conditions.
No modification, alteration or agreement contrary to the Commercial Proposal made ny Tiendas Oficiales VCF, S.L.U or herein stipulated will have legal effect, except for an express written agreement signed by the PROVIDER. In this case, these particular agreements will prevail.
Given the continuous technical advances and product improvements made, the PROVIDER reserves the right to modify its specifications regarding the information provided in its advertising, as long as it does not affect the value of the products offered. These modifications will also be valid in the event that, for any reason, the possibility of supplying the products offered is affected.
8. PRICE AND VALIDITY OF THE OFFER
The prices indicated for each product include Value Added Tax (VAT) and any other taxes that may be applicable. These prices, unless expressly stated otherwise, do not include costs for shipping, handling, packaging, shipping insurance or any other additional services and attachments to the product or service purchased.
The prices applicable to each product are those published on the website and will be expressed in EUROS. The USER accepts that the economic valuation of some of the products may vary in real time.
Before making the purchase, the USER can check all details online: Items, quantities, price, availability, transport costs, charges, discounts, taxes and the total cost of the purchase. Prices may change daily for as long as the order is not placed.
Once the order is placed, the prices will be maintained -whether there is product availability or not.
Any payment made to the PROVIDER entails the issuance of an invoice in the name of the registered USER. or the business name that they have given at the time of placing the order. This invoice will be sent, together with the purchased product, to the email address provided by the USER.
For any information about the order, the USER may contact through the PROVIDER's customer service telephone number 963372626 or via email at the address [email protected].
9. TRANSPORT COSTS
Prices do not include shipping or communication costs, nor installation or complementary services, unless expressly agreed to the contrary in writing.
Postage will be calculated at the time of saving the basket or quote, since they are calculated by the weight of the products and by the delivery address.
The Client will also pay all taxes and fees required, and possible commissions and bank charges. The applicable taxes and fees will depend on the country in which the Customer to which the Product must be delivered is located and, where applicable, VAT or equivalent local tax that will be specified in the order confirmation. Likewise, the Client must, where appropriate, pay the fees and customs or tariff expenses that are applicable. These and any additional expenses due to the payment of customs duties will be borne by the Client.
10. PAYMENT FORMS AND DISCOUNTS
The PROVIDER has enabled the following ways to pay for an order:
• Paypal.
• Credit / debit card.
• Bizum.
11. PURCHASE PROCESS
Basket
Any product from our catalogue can be added to the basket. In the basket, only the articles, the quantity, the price and the total amount will be observed. Once the basket is saved, taxes, charges and discounts will be calculated according to the payment and shipping information entered.
The baskets do not have any administrative link, it is only a section where a price can be simulated without any commitment by both parties.
From the basket the Client can place an order by following the following steps for its correct formalisation:
1. - Checking the billing information.
2. - Verifying the shipping address.
3. - Selecting the payment method.
4. - Placing the order (purchase).
Once the order is processed, the system instantly sends an email to the PROVIDER's management department.
Purchase requests
In a maximum of 24 hours, on working days, an email will be sent confirming the status of the order and the date of shipment.
12. APPLICABLE GUARANTEES
All products offered through the website are completely original, unless otherwise indicated in their description. All have a two-year warranty period, in accordance with the criteria and conditions described in Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users, and other complementary laws.
13. GUARANTEES AND REFUNDS
The guarantee of the products offered will respond to the following articles based on Law 23/2003 of July 10 on Guarantees for the Sale of Consumer Goods:
I) Conformity of products with the contract
1. Unless proven otherwise, it will be understood that the products are in accordance with the contract, provided that they meet all the requirements expressed below, unless due to the circumstances of the individual case, any requirement is not applicable:
a) They conform to the description made by Tiendas Oficiales VCF, S.L.U.
b) They are suitable for the uses for which products of the same type are ordinarily destined.
c) They are suitable for any special use required by the client when it has been made known to Tiendas Oficiales VCF, S.L.U at the time of the contract, provided that it has admitted that the product is suitable for this use.
d) They present the usual quality and benefits of a product of the same type that the customer can reasonably expect, taking into account its nature and, where appropriate, the descriptions of the specific characteristics of the products made by Tiendas Oficiales VCF, SLU
e) Tiendas Oficiales VCF, S.L.U describes the details, technical characteristics and photographs of the products provided by their manufacturer, and as such are not bound by these public statements.
2. The lack of conformity that results from an incorrect installation of the product will be equated to the lack of conformity when the installation is included in the contract of sale and has been carried out by Tiendas Oficiales VCF, SLU or under its responsibility, or by the USER when the faulty installation is due to an error in the installation instructions.
3. The responsibility for lack of conformity that the USER knows or may have ignored at the time of the conclusion of the contract, or that has its origin in materials supplied by the USER, will not be extended to the PROVIDER.
II) PROVIDER’s responsibility
Tiendas Oficiales VCF, S.L.U will respond to the USER in the result of any lack of conformity that exists at the time of delivery of the product. Tiendas Oficiales VCF, S.L.U recognises the USER’s right to the repairing of the product, a replacement, a lowering of the price or termination of the contract.
III) Repair or replacement of the product
1. If the product does not comply with the contract, the USER may choose between demanding its repair or replacement, unless one of these options is impossible or disproportionate. From the moment the USER communicates the chosen option to Tiendas Oficiales VCF, S.L.U., both parties must abide by it. This decision by the USER is understood without prejudice to the provisions of article IV below, for cases in which the repair or replacement fails to bring the product into compliance with the contract.
2. Any form of remediation that imposes on Tiendas Oficiales VCF, SLU costs that, in comparison with the other form of remediation, are not reasonable, taking into account the value that the product would have if there were no lack of conformity, shall be considered disproportionate.
IV) Rules for repair or replacement of the product
Repair and replacement will conform to the following rules:
a) They will be free for the USER.
This gratuity will include the necessary expenses incurred to correct the lack of conformity of the products with the contract, especially the shipping costs, as well as the costs related to labour and materials.
b) They will be carried out in a reasonable time and without major inconveniences for the user, taking into account the nature of the products and the purpose they had for the USER.
c) Reparation suspends the calculation of the periods referred to in article VII. The suspension period will begin as soon as the USER places the product at the disposal of Tiendas Oficiales VCF, S.L.U. and will conclude with the delivery to the USER of the repaired product. During the six months after delivery of the repaired product, Tiendas Oficiales VCF, S.L.U will be liable for the lack of conformity that led to the repair. This same lack of conformity is assumed when defects of the same origin as those initially manifested are reproduced in the product.
d) The replacement suspends the terms referred to in article VII, from the exercise of the option until the delivery of the new product. In all cases, the second paragraph of Article VII shall apply to the substitute product.
e) If the repair has been completed and the product has been delivered, but it is still not in accordance with the contract, the USER may demand its replacement, within the limits established in section 2 of article IV, or the price reduction or resolution of the contract stated in the terms of article V.
f) If the replacement fails to bring the product into conformity with the contract, the USER may demand the repair thereof, within the limits established in section 2 of article IV, or the reduction of the price or the termination of the contract stated in the terms of articles V and VI.
g) The USER may not demand replacement in the case of non-expendable products, nor in the case of second-hand products.
V) Price reduction and contract resolution
The price reduction and the termination of the contract will proceed, at the USER's choice, when the USER cannot demand the repair or replacement of the product and in cases where these have not been carried out within a reasonable time or without major inconveniences for the USER. The resolution will not proceed when the lack of conformity is of little importance.
VI) Criteria for price reduction
The price reduction will be proportional to the difference between the value that the product would have had at the time of delivery -had it been in accordance with the contract- and the value that the product actually delivered had at the time of delivery.
VII) Deadlines
1. Tiendas Oficiales VCF, S.L.U is responsible for any lack of conformity that manifests itself within a period of two years from the date of delivery. In second-hand products, Tiendas Oficiales VCF, S.L.U and the USER may agree to a shorter period, which may not be less than one year from the delivery date.
Unless proven otherwise, it will be assumed that the lack of conformity manifested in the six months after delivery already existed when the product was delivered, except when this presumption is incompatible with the nature of the product or the nature of the lack of conformity.
2. Unless proven otherwise, delivery is understood to have been made on the day that appears on the invoice or purchase label, or on the corresponding delivery note if it is a later date.
3. The action to claim compliance with the provisions of the previous articles is set at three years from the delivery date of the product.
4. The USER must inform Tiendas Oficiales VCF, S.L.U of the lack of conformity within two months from when they became aware of it.
Unless proven otherwise, it will be understood that the USER's communication has taken place within the established period.
VIII) Action against the producer
When the USER finds it impossible or it supposes an excessive burden to address Tiendas Oficiales VCF, S.L.U due to lack of conformity of the products with the sale contract, they may claim directly from the PRODUCER in order to obtain the replacement or repair of the product.
In general, with the same terms and conditions as those established for Tiendas Oficiales VCF, SLU, the PRODUCER will answer for the lack of conformity when it refers to the origin, identity or suitability of the products, in accordance with their nature and purpose and the rules that regulate them.
The PRODUCER is understood to be the manufacturer of a product or its importer in the European Union, or any person who presents themselves as such by indicating their name, brand or other distinctive sign on the product.
Whoever has responded to the USER, will have a period of one year to act as responsible for the lack of conformity. This period is calculated from the moment the delivery was completed.
14. APPLICABLE LAW AND JURISDICTION
These conditions will be governed or interpreted in accordance with Spanish legislation in any case which is not expressly established. The PROVIDER and the USER agree to submit any controversy that may arise from the provision of the products or services object of these Conditions to the courts and tribunals of the USER's domicile.
In the event that the USER is domiciled outside of Spain, the PROVIDER and the USER expressly waive any other forum, submitting to the Courts and Tribunals closest to the population of Valencia (Spain).
