General terms and conditions
This contractual document will govern the General Conditions for contracting products (hereinafter, “Conditions”) through the website medinareeds.es, owned by Miguel Ángel Medina Monsalves under the commercial brand Medina Reeds, hereinafter, PROVIDER, whose contact details also appear in the Legal Notice of this website.
These General Conditions of Contract regulate the distance selling relationship between the PROVIDER and the user or client, in accordance with the legal stipulations, in particular, Law 7/1998, of 13 April, on General Conditions of Contract, Law 3/2014, of 27 March, which modifies the revised text of the General Law for the Defence of Consumers and Users, the regulations in force and applicable to Personal Data Protection, Law 7/1996, of 15 January, on the Regulation of Retail Trade, and Law 34/2002 of 11 July, on Information Society Services and Electronic Commerce.
These Conditions will remain published on the website available to the USER for reproduction and storage as confirmation of the contract, and may be modified at any time by the PROVIDER. It is the responsibility of the USER to read them periodically, as those in force at the time of placing orders will be applicable. The USER must keep a copy of these conditions.
Contracts shall not be subject to any formality except as expressly provided for in the Civil and Commercial Codes and in this or other special laws.
Acceptance of this document implies that the USER:
- You have read, understand and comprehend the above.
- A person with sufficient capacity to contract.
- It assumes all obligations set forth herein.
These conditions shall be valid for an indefinite period of time and shall be applicable to all contracts made through the PROVIDER’s website.
The PROVIDER informs that the retailer is responsible for and is aware of the legislation in force in 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 purchased prior to the modification.
Identity of the contracting parties
On the one hand, the PROVIDER of the products contracted or acquired by the USER is Miguel Ángel Medina Monsalves, with registered address at C/ San Pío X, 52 – 41840 Pilas (Seville), NIF 79191885X and customer/USER service telephone number 685826807.
On the other hand, the USER, not registered or registered on the website by means of a user name and password, for which he/she has full responsibility for the use and custody, and is responsible for the veracity of the personal data provided to the PROVIDER.
Object of the contract
The purpose of this contract is to regulate the contractual sales relationship that arises between the PROVIDER and the USER when the USER accepts the corresponding box during the online contracting process.
The contractual purchase and sale relationship involves the delivery, in exchange for a specific price and publicly displayed on the website, of a specific product.
In the case of registering, the USER will select a user name and password, undertaking to make diligent use of them and not to make them available to third parties, as well as to inform the PROVIDER of the loss or theft of them or possible access by an unauthorised third party, so that the PROVIDER may proceed to block them immediately.
To get in touch with us, we provide you with different means of contact, which are detailed below:
- Tel: +34685826807: calls, WhatsApp, Duo – 9.00H-14.00H /17.00H-20.00H (UTC+01:00).
- Face-to-face service by appointment.
- Email: firstname.lastname@example.org – Web contact and exercise of rights.
- Email: email@example.com – Customer service and complaints.
We inform you that in accordance with the requirements of article 27 of Law 34/2002, on Information Society Services and Electronic Commerce (LSSICE), the contracting procedure will follow the following steps:
1. General terms and conditions. 2. Dispatch and delivery of orders. 3. Right of withdrawal. 4. Complaints and online dispute resolution. 5. Force majeure. 6. Jurisdiction. 7. Generalities of the offer. 8. Price and period of validity of the tender. 9. Transport costs. 10. Method of payment, costs and discounts. 11. Purchasing process. 12. Dissociation and suspension or termination of the contract. 13. Warranties and returns. 14. Applicable law and jurisdiction.
1. GENERAL TERMS AND CONDITIONS
Unless otherwise stipulated in writing, the placing of an order with the PROVIDER implies 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. DISPATCH AND DELIVERY OF ORDERS
The PROVIDER will not ship any order until it has verified that payment has been made. Shipments of goods will usually be made by EXPRESS MESSAGE (POSTAL EXPRESS, SEUR, UPS, STD, etc.), as well as by MAIL, according to the destination freely designated by the USER.
Although we can have your order ready in 2 days, by Covid protocol, we wait 5 days to send your package, so your order may be delivered within 7 to 30 days, depending on the town/country of destination and the method of payment and shipping chosen. If you do not wish this Covid waiting protocol to be applied (under your responsibility), you must notify firstname.lastname@example.org.
This period is understood as long as the availability of the goods has been confirmed (where applicable) and full payment of the order has been verified. Please note that most of our products are made to order, so we will notify you if you exceed the established delivery period at times of accumulation of orders.
Normal order processing times:
- Under normal conditions (stock prepared by customising for each customer), processed and finished: 2 days. If there is order congestion or need to prepare the material, it may take up to 15 days.
- Disinfection and quarantine (Covid season): 5 days
- Shipping: depends on the courier service.
- Spain (mainland):24h-48h
In case of delivery of the product and you are not at home, a notice will be left for you. In case you do not pick up the product and come back to our premises, we may charge you the cost of a new shipment.
If you receive your parcel in poor condition, please note this on the carrier’s delivery note. If you have received your package by post in poor condition, you should contact us at email@example.com and we will tell you how to proceed.
Failure to perform the contract remotely
In the event that the contract cannot be executed because the contracted product or service is not or may not be available on time, the USER will be informed of the lack of availability. The USER may choose between waiting for the new scheduled time or the refund of the amount paid.
The PROVIDER shall not assume any responsibility when the delivery of the product or service does not take place due to false, inaccurate or incomplete data provided by the USER.
Delivery shall be deemed to have been made when the carrier has placed the products at the USER’s disposal and the USER, or the USER’s delegate, has signed the delivery receipt document.
It is the USER’s responsibility to check the products on receipt and to state any reservations and complaints that may be justified in the delivery receipt document.
3. RIGHT OF WITHDRAWAL
Withdraw form: (click here to download the form)
The USER has a period of fourteen calendar days from the date of receipt of the product or from the conclusion of the purchase contract if it is a provision of a service, to exercise the right of withdrawal. If the PROVIDER does not comply with the duty to provide information and documentation on the right of withdrawal, the period for its exercise will end twelve months after the date of expiry of the initial withdrawal period (article 71 of Law 3/2014, of 27 March).
The right of withdrawal shall not apply in the following cases:
1. If the product is not presented in perfect condition.
2. When the product packaging is not the original packaging or is not in perfect condition, the PROVIDER may charge for the cost of the packaging. The original packaging must protect the product so that it is received in perfect condition, and the use of seals and adhesive tapes applied directly to the packaging is prohibited in order to avoid the cost of replacing it. 3. When the product is open without being able to prove that it has not been used. 4. In software applications that are directly downloaded through the portal or unsealed by the USER after physical delivery.
5. When they are personalised products or those which, for reasons of hygiene or other exceptions legally provided for in article 103 of Law 3/2014, of 27 March. 6. In the supply of products whose price depends on financial market fluctuations that the PROVIDER cannot control and that may occur during the withdrawal period. 7. In the supply of products made according to the USER’s specifications or clearly personalised.
8. In the supply of products that are likely to deteriorate or expire rapidly. 9. The supply of sealed goods which are not suitable for return for reasons of health protection or hygiene and which have been unsealed after delivery. 10. The supply of goods which after delivery and taking into account their nature have become inseparably mixed with other goods.
11. Contracts where the consumer and user has specifically requested the trader to visit him for urgent repairs or maintenance; during such a visit, the trader provides services in addition to those specifically requested by the consumer or supplies goods other than spare parts necessarily used to carry out the maintenance or repair. The withdrawal should apply to those additional services or goods.
Notwithstanding the above, Medina Reeds, offers the possibility of exchanging the product for another even if it is in the above cases, if you do not like it. As long as this is done within a maximum period of 48 hours from receipt of the package. To do so, you must write to us at firstname.lastname@example.org and send us the aforementioned form.
All returns must be communicated to the PROVIDER by sending an e-mail to email@example.com, indicating the corresponding invoice or order number.
The user must bear the cost of returning the product if he/she does not want it. The RESPONSIBLE, will send a courier or label for the return of the product. We will collect the unwanted product from you.
If you receive a defective product, you must write to us at firstname.lastname@example.org, attaching pictures of the product and a description of the defect. In this case, the customer will not pay any shipping costs for a defective product.
4. ONLINE COMPLAINTS AND DISPUTE RESOLUTION
Any complaint that the USER considers appropriate will be dealt with as soon as possible, and can be made at the following contact addresses: Postal: Miguel Ángel Medina Monsalves, C/ San Pío X, 52, – 41840 Pilas (Sevilla) Telephone: 685826807 E-mail: email@example.com
Online Dispute Resolution
Pursuant to Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for online dispute resolution between the USER and the PROVIDER, without the need to resort to the courts of law, through the intervention of a third party, called a Dispute Resolution Body, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties in order to reach an agreement, and may finally suggest and/or impose a solution to the conflict.
Link to the ODR platform: http://ec.europa.eu/consumers/odr/
5. FORCE MAJEURE
The parties shall not be liable for any failure due to force majeure. Performance of the obligation shall be delayed until the cessation of the force majeure event.
The USER may not assign, transfer or transfer the rights, responsibilities and obligations contracted in the sale.
If any provision of these terms and conditions shall be deemed invalid or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected in any way, and shall not be modified in any way.
The USER declares that he/she has read, knows and accepts these Conditions in their entirety.
The products of the RESPONSIBLE may not be resold or redistributed without prior authorisation.
7. GENERALITIES OF THE OFFER
All sales and deliveries made by the PROVIDER shall be understood to be subject to these Conditions.
No modification, alteration or agreement contrary to MEDINA REEDS’ Commercial Proposal or to what is stipulated herein shall have any effect, unless expressly agreed in writing signed by the PROVIDER, in which case, these particular agreements shall prevail.
Due to continuous technical developments and product improvements, the PROVIDER reserves the right to modify its specifications with regard to the information provided in its advertising, as long as this does not affect the value of the products offered. These modifications shall also apply in the event that, for whatever reason, the possibility of supplying the products offered is affected.
8. PRICE AND PERIOD OF VALIDITY OF THE TENDER
The prices indicated for each product or service include Value Added Tax (VAT) or other taxes that may be applicable (in the basket). These prices, unless expressly stated otherwise, do not include the costs of shipping or communication, handling, packaging, shipping insurance or any other additional services and annexes to the product purchased.
Orders placed in other countries will be subject to the corresponding tax, as established by Spanish legislation.
The prices applicable to each product are those published on the website and are expressed in EURO currency. The USER assumes that the economic valuation of some of the products may vary in real time.
Before making your purchase you will be able to check online all the details of the quotation: items, quantities, price, availability, transport costs, charges, discounts, taxes and the total amount of the purchase. Prices may change daily until the order is placed.
Once the order has been placed, prices will be maintained whether or not products are available.
Any payment made to the PROVIDER shall be subject to the issuance of an invoice in the name of the registered USER or the company name provided by the USER at the time of placing the order. This invoice will be sent to the email address provided at the time of purchase. You may revoke this decision at any time.
For any information about the order, the USER may contact the PROVIDER’s customer service telephone number: 685826807 or via e-mail at firstname.lastname@example.org.
9. TRANSPORT COSTS
Other costs, such as shipping and handling, will be added to the price of the item.
The maximum transport rate (including VAT) applied is as follows:
- To be collected from our premises: Free of charge.
- PENINSULA SHIPMENTS: 5€ + VAT
- SPANISH ISLANDS: 7€ + VAT
- REST OF THE WORLD: 7€ + VAT
10. FORMS OF PAYMENT, CHARGES AND DISCOUNTS
The PROVIDER is responsible for the economic transactions and offers the following ways to pay for an order:
- Credit card with Stripe and Redsys payment platforms.
- Pay Pal.
- Transfer (Europe only)
The USER may use a discount coupon prior to the completion of the purchase if the USER has received one from the PROVIDER.
The website uses information security techniques generally accepted in the industry, such as SSL, secure page data entry, firewalls, access control procedures and cryptographic mechanisms, all with the aim of preventing unauthorised access to data. To achieve these purposes, the user/customer agrees that the provider obtains data for the purpose of authentication of access controls.
The PROVIDER undertakes not to allow any transaction that is or is considered illegal by the credit card brands or the acquiring bank, which may or has the potential to damage their goodwill or negatively influence them.
The following activities are prohibited under the card brand programmes: the sale or offer of a product or service that does not comply with all laws applicable to the Purchaser, Issuing Bank, Merchant or Cardholder of the card(s).
11. PURCHASING PROCESS
You can add any product from our catalogue to your basket. In the basket, only the items, quantity, price and total amount will be displayed. Once the basket has been saved, taxes, charges and discounts will be calculated according to the payment and shipping details entered.
The baskets do not have any administrative link, it is only a section where you can simulate a budget without any commitment on both sides.
From the basket you can place an order by following the steps below for its correct formalisation:
- Verification of invoicing data.
- Verification of the shipping address.
- Selection of the method of payment.
- Place the order (buy).
Once the order has been processed, the system instantly sends an e-mail to the PROVIDER’s management department and another to the USER’s e-mail confirming that the order has been placed.
Orders (purchase requests)
Within a maximum of 24 hours, on working days, an email will be sent to the USER confirming the status of the order and the approximate shipping and/or delivery date. It is important that you look in the SPAM folder, as it may be that in some cases it is hosted in this folder.
12. UNBUNDLING AND SUSPENSION OR TERMINATION OF THE CONTRACT
If any of these terms and conditions shall be deemed unlawful, void or for any reason unenforceable, then that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions.
The PROVIDER may, without prior notice, suspend or terminate the USER’s access to its services and training, in whole or in part, for any valid reason, including, without limitation, where the USER fails to comply with or follow any of the obligations set out in this document or any applicable legal provision, licence, regulation, directive, code of practice or usage policy.
When the PROVIDER exercises any of its rights or powers under this Clause, such exercise shall not prejudice or affect the exercise of any other right, power or remedy that may be available to the PROVIDER.
13. WARRANTIES AND RETURNS
The guarantee of the products offered will respond to the following articles based on the 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:
Article 114. General principles.
The seller is obliged to deliver to the consumer and user products that are in conformity with the contract, and is liable to the consumer and user for any lack of conformity that exists at the time of delivery of the product.
Article 116. Conformity of the products with the contract.
1. In the absence of proof to the contrary, the goods shall be deemed to be in conformity with the contract if they meet all of the following requirements, unless the circumstances of the case make any one of them inapplicable:
(a) conform to the description given by the seller and possess the qualities of the product which the seller has presented to the consumer and user in the form of a sample or model.
(b) are fit for the purposes for which products of the same type are normally intended.
(c) are fit for any particular purpose required by the consumer and user where he has made this known to the seller at the time of conclusion of the contract, provided that the seller has accepted that the product is fit for that purpose.
(d) they are of a quality and performance which are normal in a product of the same type and which the consumer and user can reasonably expect, given the nature of the product and, where appropriate, public statements on the specific characteristics of the products made by the seller, the producer or his representative, in particular in advertising or on labelling. The seller shall not be bound by such public statements if he proves that he was unaware and could not reasonably be expected to have been aware of the statement in question, that the statement had been corrected at the time of conclusion of the contract or that the statement could not have influenced the decision to purchase the product.
2. Lack of conformity resulting from improper installation of the product shall be deemed to be equivalent to lack of conformity of the product where the installation is covered by the contract of sale or supply referred to in Article 115(1) and has been carried out by or under the responsibility of the seller or by the consumer and user where the faulty installation is due to an error in the installation instructions.
3. There shall be no liability for lack of conformity which the consumer and user knew or could not reasonably have been unaware of at the time of conclusion of the contract or which originates in materials supplied by the consumer and user.
Article 118. Liability of the seller and rights of the consumer and user.
The consumer and user has the right to have the product repaired, replaced, the price reduced or the contract rescinded.
Article 123. Time limits
1. The seller shall be liable for any lack of conformity that becomes apparent within two years of delivery. In the case of second-hand goods, the seller and the consumer and user may agree on a shorter period, which may not be less than one year from delivery.
In the absence of proof to the contrary, it shall be presumed that any lack of conformity that becomes apparent within six months of delivery of the product, whether new or second-hand, already existed when the item was delivered, except when this presumption is incompatible with the nature of the product or the nature of the lack of conformity. It is understood that most of the products supplied by MEDINA REEDS, have a shelf life of less than one year. Defects caused by the use of the purchased goods shall not be included.
2. Unless there is proof to the contrary, delivery shall be deemed to have been made on the day shown on the invoice or purchase receipt, or on the corresponding delivery note if this is later.
14. APPLICABLE LAW AND JURISDICTION
These conditions shall be governed by or interpreted in accordance with Spanish law in all matters not expressly established. The PROVIDER and the USER agree to submit any dispute that may arise from the provision of the products or services covered by these Conditions to the courts and tribunals of the USER’s domicile.
In the event that the USER is domiciled outside Spain, the PROVIDER and the USER expressly waive any other forum, submitting to the Dispute Resolution Body that will act as an intermediary between them in accordance with Art. 14.1 of Regulation (EU) 524/2013, without the need to resort to the courts of law. For further information, please refer to clause “4. CLAIMS AND ONLINE DISPUTE RESOLUTION” of these Terms.
Data protection: You can find more information about our data protection policy here.