This document establishes the General Conditions (hereinafter, the “Conditions”) governing the purchase of products through the URL www.mascarillasantivirales.es (hereinafter, the “Website”), owned by Lamascarillaantiviral, SL with VAT: ESB01917707 and registered office at Carretera de Málaga-Marbella, A-355 km. 15, 29100, Coín (Málaga), España. (onwards, “ La Mascarilla ” or the “ Owner”).
The user of the Website (hereinafter, the “User”) must carefully read these Conditions before placing an order through this Website. When placing an order, the marking of the acceptance box of these Conditions in the purchase process implies the express acceptance and binding of these Conditions by the User.
In accordance with the provisions of article 23 of Law 34/2002, of July 11, services of the information society and electronic commerce, contracts concluded electronically will produce all the effects provided for by the legal system when consent and other necessary requirements for its validity concur. Consequently, the acceptance of these Conditions will have the same validity and effectiveness as any contract signed in person.
La Mascarilla reserves the right to carry out modifications and / or updates in these Conditions. In any case, it will be considered that the User expressly accepts said modifications or updates if they place a new order through the Website, being the User’s responsibility to read them periodically, since those that are in force at the time of placing an order will be applicable. .
For any question related to these Conditions, you can contact La Mascarilla Through the postal address indicated in this section, through the email email@example.com or through the Contact form that is available on the Website.
2. CONDITIONS OF PURCHASE OF THE PRODUCTS.
Through the Website, the User can buy the different products that are marketed, which are hygienic masks, surgical masks and washable infant masks.
To make a purchase, the User must be over 14 years of age, or, otherwise, they must have previously obtained the authorization of their parents, guardians or legal representatives, who will be responsible for all acts carried out through the Site. Web by minors under their care.
The User may select all the products they want, which will be stored in their basket or shopping cart. In his shopping cart, the User will view all the products that he added to the shopping cart, the quantities, the unit price per product, and may proceed to purchase them. To do this, you must fill out a form with your contact information, which must be real and up-to-date, and the chosen shipping method. Later you must select the payment method and proceed to it.
Once the payment is successful, La Mascarilla will send the User a confirmation email to their email within a maximum period of 24 hours from placing the order, in which all the information regarding the purchase made will be collected. In case of not receiving said email, the User must check their “junk mail” or “spam” tray and, if it is not found in that section, they must notify La Mascarilla in the shortest time possible for you to fix the problem.
Yes La Mascarilla could not accept the order or for any reason the requested product was not available, La Mascarilla will contact the User by email or phone, offering him the possibility of delaying delivery, replacing the product with a similar one or, failing that, refunding the entire amount paid.
La Mascarilla reserves the right to withdraw any product from the Website at any time, not being liable to the User or to any third party for said withdrawal. If the changes introduced interfere with the order made by the User, La Mascarilla They will notify you by sending you an email or by phone to fix the problem.
3. INFORMATION ABOUT THE PRODUCTS
All products marketed are perfectly described in their corresponding product sheets that the User can access by clicking on each product on the Website.
La Mascarilla undertakes that the contents, data or information related to the products offered on its Website are as accurate as possible, and will be responsible for the prices and characteristics advertised, although the User accepts that the Website will not be free from errors. . La Mascarilla will not be responsible for any information that has been introduced, displayed or modified by third parties outside of La Mascarilla.
Likewise, La Mascarilla undertakes that the photographs, texts, creative pieces or reproduced characteristics that illustrate the products for sale are as accurate as possible to reality, although it is not responsible for their slight variations.
The prices of the products will be those published on this Website at all times, reserving the Owner the right to modify prices at any time, not retroactively.
The price of the products marketed on the Website is indicated next to the descriptive file of each one of them and will be expressed in Euros (€), and will include the corresponding taxes.
However, said price will not include shipping costs or costs applied by third parties (such as platforms or payment cards), although the User will in any case be informed of these costs before formalizing the purchase, so that they can know and accept the same.
5. PAYMENT AND BILLING.
The payment of the orders will be made at the time of purchase, through the means of payment chosen by the User, which may be:
- Credit card (Visa, MasterCard and American Express)
- Apple Pay
- Google Pay.
In the case of payment by credit card, the User guarantees that he is fully authorized to use it. Once the full payment is made, La Mascarilla will send the confirmation and payment details in the confirmation email sent to the User’s email. If the User wishes to receive the paper invoice, they can firstname.lastname@example.org indicating the postal address to which it should be sent.
6. CONDITIONS OF DELIVERY OF THE PRODUCTS PURCHASED.
Once the corresponding order confirmation is received, La Mascarilla will proceed to send the products purchased by the User to the physical address indicated by the User at the time of ordering. La Mascarilla undertakes to deliver the products in perfect condition.
We inform you that La Mascarilla You can send and deliver your products to any place within Spanish territory, including the Balearic Islands, the Canary Islands, Ceuta and Melilla. Keep in mind that, depending on the requested place of delivery, the shipping costs may vary, informing the User of the cost prior to purchase.
Delivery times for orders placed within Spanish territory will be between 24 hours – 48 business hours from the date the User received the order purchase confirmation, except in the case of the Canary Islands, Ceuta and Melilla, in which case the term may reach 4 or 5 days, for reasons
foreign to La Mascarilla (eg customs procedures).
Users are informed that the stipulated delivery dates will be an estimate and will not in any case constitute a breach of the obligations of La Mascarilla assumed by virtue of this Contract.
In the absence of the recipient at the time of delivery, the carrier will try to locate it by phone, and if delivery is not possible, it will indicate to the User a new form and day of delivery.
La Mascarilla It will not be responsible for errors caused in the delivery when the delivery address entered by the User in the order form does not conform to reality or is false.
Without prejudice of the previous La Mascarilla undertakes to adopt those measures that are within its reach, so that the delivery of the orders can be made in the agreed time, and if not, as soon as possible, to the satisfaction of the recipient.
7. EXCHANGES AND RETURNS.
For reasons of health and hygiene protection, and security against the Covid-19 virus, in accordance with the provisions of article 103 of the General Law for the Defense of Consumers and Users, the products of the Website do not allow returns.
8. CONSUMER GOODS GUARANTEE
In the case of receipt by the User of defective products, La Mascarilla undertakes to respond to the lack of conformity manifested by the User in accordance with the provisions of articles 114 and following of the General Law for the Defense of Consumers and Users, and considering in any case the nature of the products.
In case of disagreement with the product, the User must inform La Mascarilla, through the e-mail email@example.com or the contact form on the Website, sending a photograph that proves the damage. La Mascarilla will study the case and inform the User about it.
The parties undertake to comply with their legal and contractual obligations generated by virtue of these Conditions. If a party does not fulfill any of its obligations or obstructs the fulfillment by the other party of theirs, the right of that other party to claim compensation for damages caused, both for consequential damages and loss of profits, will be generated.
The parties will be liable for the infringements that they have personally incurred, leaving the opposing party harmless against any error, fault or negligence not attributable to it, and any damage that may arise from said infringements or errors attributable to the other contracting party.
La Mascarilla will not be responsible in case of unavailability of the product or impossibility or delay in delivery when this is due to force majeure, theft or loss, or error in the order or data provided by the User and, in any case, for any cause that is unrelated. to The mask . However, in such cases, La Mascarilla will immediately contact the User in order to find the best solution to the case.
La Mascarilla will use all commercial and technical efforts within its reach to keep the products available through the Website, which constitutes an obligation that, however, will not apply to any lack of availability or performance caused by:
- 1) Temporary inactivity of the Website due to updating and / or technical maintenance, which will be previously reported by publication on the Website itself within a maximum period of 48 hours, provided they are known or communicated to La Mascarilla with a period in advance superior to that indicated;
- 2) Causes beyond the control of La Mascarilla: force majeure, Internet access problems, technological problems beyond the diligent and reasonable management of the owner of the Website, actions or omissions of third parties, etc.
In all the aforementioned cases, outside the control and due diligence of the Holder, there will be no compensation for La Mascarilla to the User for lost profits, damages or losses.
In the event of closure or suspension of the Website for reasons beyond the control of the parties, the User will be promptly informed of the transfer of the service to a new domain, modifying only the stipulations of this contract in relation to the domain in which the Website remains active.
It will be the responsibility of the User in any case:
- Do not place a false or fraudulent order. If it could reasonably be considered that an order of this nature has been made, La Mascarilla it is entitled to cancel it and inform the relevant authorities.
- Facilitate La Mascarilla the requested data, truthfully and accurately. By providing their data, the User grants their consent so that they can make use of them if it is necessary to contact him. In the event that the User does not provide all the necessary information, the order cannot be formalized. If the User detects any type of error or outdated data in their data, they must notify La Mascarilla as soon as possible.
10. SAFEGUARD CLAUSE.
All the clauses or ends of this contract must be interpreted independently and autonomously, the rest of the stipulations not being affected in the event that one of them has been declared void by a court ruling or final arbitration resolution. The clause or clauses will be replaced
affected by another or others that preserve the effects pursued by the Website Conditions.
11 APPLICABLE LEGISLATION AND COMPETENT JURISIDICTION.
The contracts made through this Website and these General Conditions are subject to Spanish legislation.
In the event that any conflict or discrepancy arises in the interpretation or application of these Conditions, La Mascarilla and the Users, expressly waiving any other jurisdiction that may correspond to them, submit to the Courts and Tribunals of the city of Madrid, unless the applicable legal regulations in matters of competent jurisdiction establish another jurisdiction as imperative.
In addition, every User residing in the European Union has the possibility of going to the Platform “Online Dispute Resolution” (ODR), through the following link https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage .