1. Acceptance and availability of the General Terms and Conditions of Business
By accepting this contract, you declare:
(a) That you are a person of legal age and with capacity to contract.
b) That you have read and accept these general conditions.
These general conditions (hereinafter, "the General Conditions"), regulate the legal relationship that emanates from the contracting processes carried out between the users-clients (hereinafter, "the clients") of the laremedios.com website, with the following identification for the purposes of Law 34/2002, of July 11, 2002, on services of the information society and electronic commerce.
Customers accept the General Conditions from the moment they create a user account or purchase any product in LA REMEDIOS. This document can be printed and stored by customers. LA REMEDIOS makes available to them the e-mail address: info@laremedios.com, so that they can ask any questions about the General Conditions.
2. Modification of the General Terms and Conditions
LA REMEDIOS may modify the General Terms and Conditions in order to improve the services and products offered through its website. In any case, before using the services or contracting products, you should consult the General Terms and Conditions.
3. Intellectual Property Rights
The contents provided by LA REMEDIOS are subject to intellectual and industrial property rights and are the exclusive property of LA REMEDIOS or of the individuals or legal entities that it informs. The intellectual property extends, in addition to the content included in LA REMEDIOS, to its graphics, logos, design, sounds and images.
4. Use of the service and responsibilities
LA REMEDIOS does not guarantee the permanent availability of the products or services, being exonerated from any kind of responsibility for possible damages caused by the unavailability of the product or service due to force majeure or errors in the data transfer telematic networks, beyond its control.
LA REMEDIOS is not responsible for the content of links to other websites that are not owned by it and, therefore, cannot be controlled by it.
5. Privacy and Personal Data Protection
The personal data provided for the contracting of our services and/or products will be incorporated into an automated file whose purpose is the management of the contractual-commercial relationship.
Customers are also informed that the data collected will be used to send commercial communications to promote or advertise the services and products offered by LA REMEDIOS. For this specific purpose, the customer will be asked for their express consent by means of an option in the purchase process and/or creation of a user account. This information will only be used for these purposes and in no case will be provided or sold to third parties.
LA REMEDIOS makes available to customers the email address info@laremedios.com, so that they can object to the treatment outlined and / or revoke the consent given.
LA REMEDIOS declares that it complies with current legislation regarding data protection, in particular the Organic Law 15/1999, of December 13, 1999, on the Protection of Personal Data and the Royal Decree 994/1999, of June 11, which develops the aforementioned organic law. LA REMEDIOS informs its customers that they have at their disposal the rights of access, rectification, cancellation and opposition guaranteed by current legislation.
6. Applicable legislation and competent jurisdiction.
These General Conditions shall be governed by and construed in accordance with the Laws of Spain.
7. Nullity and ineffectiveness of the Clauses.
If any clause included in these General Conditions is declared, totally or partially, null or ineffective, such nullity or ineffectiveness shall only affect such provision or the part of the same that is null or ineffective, and the General Conditions shall subsist in all other respects, and such provision, or the part of the same that is affected, shall be deemed not to have been included.
8. Prices and payment methods
LA REMEDIOS makes every effort within its means to offer the information contained in the website truthfully and without typographical errors. In the event that at any time there is an error of this type, beyond the control of LA REMEDIOS, LA REMEDIOS will proceed immediately to correct it. If there is a typographical error in any of the prices shown and a customer has made a purchase decision based on such error, LA REMEDIOS will inform the customer of such error and the customer will have the right to cancel the purchase without any cost on his part.
The prices, characteristics and availability of the products marketed by LA REMEDIOS may vary so the customer will be informed before accepting any order.
The price of the product is the one in force at the time of acceptance of the order by LA REMEDIOS. In the event that a customer places an order at the wrong price, LA REMEDIOS will inform the customer of the correct price, and, should the customer wish to continue the order, the price corrected by LA REMEDIOS will apply.
All product orders are subject to acceptance of the order by LA REMEDIOS, and LA REMEDIOS will not ship any product until its administration department has verified that payment has been made.
In the event of a delay in the receipt or withdrawal of the goods by the customer, LA REMEDIOS shall be entitled to store the goods, at the customer's risk and expense, at its facilities or at those of a third party and the customer shall be obliged to pay LA REMEDIOS for any costs incurred by LA REMEDIOS.
The prices indicated on our website include VAT (shipping costs and possible fees for cash on delivery are not included).
Payment methods:
PAYPAL: PayPal is the global leader in online payments and basically is a secure payment system in which the user opens an account in the system that subsequently allows you to make payments in many online stores around the world, using your credit or debit card. PayPal will be the only one who will have your bank details being an intermediary between you and LA REMEDIOS. This payment method is immediate, the moment you make the payment, we receive it and process your order (after verifying that the data is correct). To sign up or obtain more information visit www.paypal.es, PayPal site for Spain or www.paypal.com main PayPal site (in English). These links are external and link to pages with their own terms of use and/or privacy.
REDSYS: Secure payment by credit card.
BIZUM: Secure payment through the Bizum platform. You must activate it in your online banking. For more info visit www.bizum.es
CASH ON DELIVERY: Payment upon receipt of the goods with an increase on the order of 3 Euros.
9. Changes, cancellations and refunds.
CANCELLATION AND/OR RETURN
When the customer receives a product with which he/she is not satisfied, he/she must communicate it within a maximum period of 3 days from the reception of the order, filling in the claim form, to: pedidos@laremedios.com. The product must be sealed, as it was sent to the customer and must be returned properly protected so that it arrives at La Remedios in perfect condition. The Customer Service Department will solve the claim and will accept it or not depending on the state of the product.
If the claim has been accepted, La Remedios will request the return of the goods in your next order or you can send it to the following address: REMEDIOS MARKET S.L., Avenida de la Arboleda, 68-70 - 41940 Tomares (Sevilla), assuming the customer in both cases the direct cost of returning the goods. The returned product must be in its original packaging and must contain all the components that came with it. In addition, the box must be in good condition, so that it is suitable for sale. If these conditions are not met, La Remedios may decline the return, returning the product to the customer.
9.1.PRODUCT RETURNS.
The return of a product, as well as its corresponding amount will be executed when no more than 14 days have passed since the date of receipt. Provided that the product does not present any of the conditions mentioned:
If the product presents defects, or any other type of use that makes the product cannot be considered as new, we will not be able to take charge of the return. Therefore, if the product has been unsealed from its original packaging and shows signs of tampering or has been altered or used in an abusive way, the right of return cannot be exercised for reasons of health protection and hygiene.
Refunds will always be for the product in question, and not for the total order. That is, if the order placed carries several products LA REMEDIOS will bear the cost of collection and shipping generated by the defective product. For the rest of the products, the customer must exercise the right of withdrawal (see point 9.2).
If the Customer cancels a confirmed order when it has already left the facilities of LA REMEDIOS to its destination, or does not accept the package on arrival, LA REMEDIOS may require payment of transportation costs incurred and therefore pay the refund of the total amount after deducting the shipping costs incurred in the delivery and return of the goods. This refund will be made within a maximum period of 14 days once the product has been received and reviewed by our professionals.
MY ORDER HAS ARRIVED WITH SIGNS OF HAVING BEEN TAMPERED WITH AND/OR DAMAGED, HOW DO I PROCEED?
We are very sorry to hear that because at LA REMEDIOS we are very concerned about you receiving your order in perfect condition and delivery time.
In case of receiving the order with damages caused during the transport, it is important that you take some photographs of the packaging and the damages that support a possible claim before the transport agency at the same moment of the reception of the order, and you will have to write it down in the delivery note that you sign to the deliveryman.
After 24 hours from the reception of the order and without communication that ratifies such inconvenience in the delivery, the term to open possible claims to the carrier about products with damage inside the package will be concluded. That is why it is very important that you check everything!
MY ORDER HAS ARRIVED, BUT THERE IS AN ITEM THAT DOES NOT CORRESPOND, WHAT DO I DO?
First of all, we have to apologize. It is not something that happens frequently and we know the inconvenience that this implies, but do not worry about anything because we will correct it immediately.
In case you receive the order with a product that does not correspond to what you ordered, it is important that you contact Customer Service as soon as possible.
From LA REMEDIOS we will take care of sending the correct product again as soon as possible without any cost for you.
The transport agency will deliver a new package and will ask you to pick up the products that arrived in error. In order to preserve the condition of these products, we always ask you to put them in the box in which you received the first order. This way it will be protected on its way back to our facilities.
9.2. RIGHT OF WITHDRAWAL
WHAT IS THE RIGHT OF WITHDRAWAL?
The consumer law defines the right of withdrawal as the possibility for the consumer or user to cancel the contract concluded, notifying the other party within the established period, without the need to justify the decision and without penalty of any kind.
According to the right of withdrawal and refunds of Article 102 of RDL 1/2007, the consumer will have the right to withdraw from the contract in accordance with the following paragraphs:
Deadlines for the right of withdrawal: You may exercise the right of withdrawal without justification within 14 calendar days from receipt of the order and the relevant communication regarding the exercise of this right.
To exercise the right of withdrawal with respect to products purchased exclusively at LA REMEDIOS.COM, you must contact our Customer Service Department by sending an email to info@laremedios.com to unequivocally state your decision to withdraw from the contract.
The right of withdrawal will be understood to be exercised within the deadline when you have sent us the communication regarding the exercise of this right before the end of the corresponding period, in the terms indicated above.
IS THERE A COST TO RETURN A PRODUCT IF THE RIGHT OF WITHDRAWAL IS EXERCISED?
The exercise of the right of withdrawal will not involve any cost for the consumer and user, that is, no penalty of any kind can be charged for returning the product within the period stipulated by law.
Therefore, in the event that you exercise the right of withdrawal we will refund all payments we have received from you, including delivery costs, no later than 14 calendar days from the date we receive the return for review and verification.
However, LA REMEDIOS may require you to pay for the shipping costs incurred for the return of the products, which in this case will be borne by the buyer. That is, you as a consumer will have to send the products by the means it deems appropriate to exercise its right of withdrawal or LA REMEDIOS will offer the possibility of collection. In case of selecting the second option, from LA REMEDIOS we will inform you of the rates and the amount will be deducted from the total return once reviewed and checked the goods after written acceptance on your part.
HOW AND WHEN DO I GET MY MONEY BACK?
LA REMEDIOS is obliged to refund the amounts paid to the consumer, including, where appropriate, the costs of delivery, without withholding expenses and without undue delay before fourteen calendar days have elapsed from the date on which it has been informed of the decision to withdraw from the contract by the consumer and user.
We will proceed to make the refund using the same means of payment in which the purchase was paid without incurring any costs as a result of the refund, except for shipping costs generated from the return of the product if they were initially paid by LA REMEDIOS for collection (prior agreement of the customer with such shipping costs incurred). In all cases, the products to be returned must be in perfect condition, in their original packaging and with all their accessories.
IS IT ALWAYS POSSIBLE TO EXERCISE THE RIGHT OF WITHDRAWAL, OR ARE THERE CASES IN WHICH IT IS NOT?
In some cases, such as online purchases, or in contracts signed at a distance (by telephone or over the Internet, for example), there is always the possibility of exercising the right of withdrawal, and, as a minimum, there is a period of 14 calendar days to do so.
In this case, the legislation protects the consumer in a special way, since he/she has not had the opportunity to physically see the product at the time of purchase or when contracting the service.
There are some exceptions to the right of withdrawal in purchases and distance contracting, among others:
- The provision of services, once the service has been fully executed, with prior express consent of the consumer and user.
- Goods or provision of services whose price depends on financial market fluctuations that the entrepreneur cannot control and that may occur during the withdrawal period.
- Goods made to the specifications of the consumer and user or clearly personalized (e.g. custom-made clothing).
- Goods that are likely to deteriorate or expire quickly.
- Sealed goods that are not suitable for return for reasons of health protection or hygiene and that have been unsealed after delivery.
- Sealed sound or video recordings or sealed computer programs that have been unsealed by the consumer and user after delivery.
- Daily newspapers, periodicals or magazines, with the exception of subscription contracts for the supply of these publications. - Contracts concluded by means of public auctions.
- Accommodation services (for purposes other than housing), transportation of goods, car rental, food or services related to leisure activities, if the contracts provide for a specific date or period of performance.
- Digital content that is not provided on a tangible medium, where performance has begun with the prior express consent of the consumer and user.
Except in the case of a manifest, clear and obvious defect of the product in question, i.e. a defect in its manufacture. In that case, and in the course of the first 14 calendar days from purchase if the application of the right of withdrawal would be contemplated after the possible loss of confidence that the customer may feel about the product in question.
In this case, you would have the option of reimbursement of the amount including delivery and collection shipping costs (if any) or offer the possibility of making a replacement or exchange for different products whose value is equal to that of the defective product without incurring any cost in the management.
After these 14 calendar days and for all other cases you must invoke the RIGHT OF WARRANTY.
9.3. ARTICLES OF INTEREST
EXTRACT FROM THE OFFICIAL STATE GAZETTE (B.O.E.)
Article 103 Exceptions to the right of withdrawal
The right of withdrawal shall not apply to contracts relating to:
- The provision of services, once the service has been fully executed, when the execution has begun, with prior 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 the entrepreneur, he will have lost his right of withdrawal.
- The supply of goods or the provision of services whose price depends on fluctuations in the financial market that the entrepreneur cannot control and that may occur during the withdrawal period.
- The supply of goods made to the specifications of the consumer and user or clearly personalized.
- The supply of goods that are likely to deteriorate or expire rapidly.
- The supply of sealed goods that are not suitable for return for reasons of health protection or hygiene and have been unsealed after delivery.
- The supply of goods which after delivery and taking into account their nature have been inseparably mixed with other goods.
- The supply of alcoholic beverages whose price has been agreed at the time of concluding the sales contract and which cannot be delivered within 30 days, and whose actual value depends on market fluctuations beyond the entrepreneur's control.
- Contracts in which the consumer and user has specifically requested the trader to visit him for urgent repair or maintenance operations; if, during such visit, the trader provides additional services to those specifically requested by the consumer or supplies goods other than the spare parts necessarily used to carry out the maintenance or repair operations, the right of withdrawal should apply to such additional services or goods.
- The supply of sealed sound or video recordings or sealed computer programs that have been unsealed by the consumer and user after delivery.
- The supply of daily newspapers, periodicals or magazines, with the exception of subscription contracts for the supply of such publications.
- Contracts concluded by means of public auctions.
- The supply of accommodation services for purposes other than the provision of housing, transportation of goods, car rental, food or services related to leisure activities, if the contracts provide for a specific date or period of performance.
- The supply of digital content that is not provided on a tangible medium when the performance has begun with the prior express consent of the consumer and user with the knowledge on his part that he consequently loses his right of withdrawal.
Title III of Book II drafted in accordance with paragraph twenty-eight of the sole article of Law 3/2014, of 27 March, which amends the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, approved by R.D. Legislative 1/2007, of 16 November ("B.O.E." 28 March). The provisions of the aforementioned Law shall apply to contracts with consumers and users entered into as of June 13, 2014.Effective: March 29, 2014 Effects / Application: June 13, 2014.
Article 104 Time limit for exercising the right of withdrawal.
Without prejudice to the provisions of Article 105, the withdrawal period shall end after 14 calendar days counted from:
(a) In the case of service contracts, on the day of the conclusion of the contract.
b) In the case of sales contracts, on the day on which the consumer and user or a third party indicated by him, other than the carrier, acquires the material possession of the goods ordered, or:
- In case of delivery of multiple goods ordered by the consumer and user in the same order and delivered separately, the day on which the consumer and user or a third party indicated by him, other than the carrier, acquires the material possession of the last of the goods.
- In case of delivery of a good composed of multiple components or parts, the day on which the consumer and user or a third party indicated by him, other than the carrier, acquires the material possession of the last component or part.
- In the case of contracts for the periodic delivery of goods during a specified period, the day on which the consumer and user or a third party indicated by him, other than the carrier, acquires the material possession of the first of these goods.
c) In the case of contracts for the supply of water, gas or electricity - when they are not packaged for sale in a delimited volume or in specified quantities - or of district heating or digital content that is not provided on a tangible medium, on the day on which the contract is concluded.
Title III of Book II drafted in accordance with the provisions of paragraph twenty-eight of the sole article of Law 3/2014, of 27 March, which amends the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, approved by R.D. Legislative 1/2007, of 16 November ("B.O.E." 28 March). The provisions of the aforementioned Law shall apply to contracts with consumers and users entered into as of June 13, 2014.Effective: March 29, 2014 Effects / Application: June 13, 2014.
Article 105 Failure to provide information on the right of withdrawal
- If the trader has failed to provide the consumer and user with the information on the right of withdrawal as provided for in Article 97(1)(i), the withdrawal period shall end twelve months after the date of expiry of the initial withdrawal period, determined in accordance with Article 104.
- If the trader has provided the consumer and user with the information referred to in paragraph 1, within twelve months from the date referred to in Article 104, the withdrawal period shall expire 14 calendar days from the date on which the consumer and user receives the information.
You can read the full article here: https://www.boe.es/buscar/act.php?id=BOE-A-2007-20555
10. Shipping
SHIPMENTS TO SPAIN PENINSULA NACEX 24/48 HOURS:
The order will be at home the next day for orders placed before 18:00 hours. Due to force majeure the order may be delayed until the next working day.
Shipping cost: 4,50€ Free for purchases over 50.-€ (Offer valid only for peninsula). In case the destination is more than 100 km away from the Nacex office, Nacex may delay delivery until 13:00 of the second working day.
Balearic Islands: 6€ Shipment by Nacex company by air with delivery in 24/48 hours.
Saturday delivery: 7.50.-€ (Only valid for Peninsula and for populations that are located less than 25km away from the delegation of NACEX that corresponds to you.
SHIPMENTS CANARY ISLANDS, CEUTA AND MELILLA
Shipping time according to the official website of post and telegraphs for national shipments, (approximately 4 working days, not including weekends and holidays)
Shipping cost: 5.-€.
Shipments to the Canary Islands, Ceuta or Melilla, do not include VAT.
LA REMEDIOS, is not responsible for customs charges, customs agents or taxes that affect their communities.
DELIVERY TIME
The estimated delivery time is 24/48 hours during working hours. However, upon receipt of the order you will be informed in a very precise way. You can also contact us and we will be pleased to inform you.
If you need your order before the indicated delivery time, please contact us. We can deliver your order within 19 hours after receiving the order confirmation. We can not guarantee that the products you request will be in stock, as there are many references, but if necessary we will find a solution so that you can have your items or some of the same characteristics within the requested period.
SHIPPING COSTS
Shipping costs depending on the amount of the order, will be calculated and included in the process of finalizing the purchase.
For orders to the Canary Islands, Ceuta, Melilla and Andorra, all fees and associated taxes are borne by the buyer in accordance with current legislation. In this shipment will be taken as declared value for customs purposes the amount of the invoice in euros. The amount of taxes and customs duties vary in each country, they must be paid in cash upon receipt of the shipment by the recipient.
FAULTS OR INCIDENTS IN THE SHIPMENT
If upon receipt of the order by the transport agency, the customer observes any type of damage to the packaging, blow or stain, it should be noted on the delivery note of the agency. After that and once verified the problems in the order received will send the claim to La Remedios within a maximum period of 3 days from receipt of the same, through the web or via email info@laremedios.com, with information on the product or products damaged or missing. La Remedios may require additional information such as photos, product, or delivery note from the agency to process the incident. Once verified, we will proceed to its resolution, in a maximum period of 24-48h from the reception of the complete information.
11-Price policy
The prices and offers on this website are exclusive for online sales.