General conditions of contract - Finca Canarias CBD

GENERAL CONTRACTING CONDITIONS

Introduction

This contractual document will govern the General Conditions for contracting products (hereinafter, "Conditions") through the website fincacanariascbd.com, owned by FCAV ONLINE S.L under the trademark of , hereinafter, PROVIDER, whose contact details also appear in the Legal Notice of this Website.

These Conditions will remain published on the website at the disposal of the USER to reproduce and save them as confirmation of the contract, and may be modified at any time by FCAV ONLINE S.L. It is the USER's responsibility to read them periodically, since those in force at the time of placing orders will be applicable. FCAV ONLINE S.L. will archive the electronic document formalizing the purchase and will make it available to the USER upon request.

Contracts will not be subject to any formality except for the cases expressly indicated in the Civil and Commercial Codes and in this or other special laws.

Acceptance of this document implies that the USER:

• Has read, understands, and comprehends the contents set forth herein.
• Is a person with sufficient legal capacity to enter into a contract.
• Assumes all obligations set forth herein.

These conditions will be valid for an indefinite period and will apply to all contracts made through the website. from the PROVIDER.

The PROVIDER informs that the business is responsible and aware of the current legislation of the countries to which it sends the products, and reserves the right to unilaterally modify the conditions, without 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 by the USER is FCAV ONLINE S.L, with registered office at Ctra GC 140, Km.2, Nave 1, - 35219 Telde (Las Palmas), NIF B76366301 and customer service telephone number +34 638388593.

And on the other hand, the USER, registered on the website using a username and password, for which they have full responsibility for use and custody, and are responsible for the accuracy of the personal data provided to the PROVIDER.

Purpose of the contract

The purpose of this contract is to regulate the contractual relationship of sale between the PROVIDER and the USER at the time the latter accepts the corresponding box during the online contracting process.

The contractual relationship of sale entails the delivery, in exchange for a specific price publicly displayed on the website, of a specific product.

Data Rectification

When the USER identifies errors in the data published on the website or in the documents generated by the contractual relationship, they may notify us by email at cs@fincacanariascbd.es so that FCAV ONLINE S.L. can correct them as soon as possible.

The USER may keep their data updated by accessing their user account.

Contracting Procedure

In order to access the products or services offered by the PROVIDER, the USER must be of legal age or an emancipated minor and 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, 2016 (GDPR), regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data and Organic Law 3/2018, of December 5 (LOPDGDD), regarding the protection of personal data and detailed in the Legal Notice and Privacy Policy of this website.

The USER will select a username and password, agreeing to use them diligently and not to make them available to third parties. They also agree to notify the PROVIDER of any loss or theft, or possible access by an unauthorized third party, so that the PROVIDER can immediately block them.

Once the user account has been created, please be advised 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 these steps:

1. General contracting clauses.
2. Shipping and delivery of orders.
3. Right of withdrawal.
4. Claims and online dispute resolution.
5. Force majeure.
6. Jurisdiction.
7. General information about the offer.
8. Price and validity period of the offer.
9. Shipping costs.
10. Payment method, expenses and discounts.
11. Purchase process.
12. Dissociation and suspension or termination of the contract.
13. Guarantees and returns.
14. Applicable law and jurisdiction.

1. GENERAL CONTRACTING CLAUSES

Unless otherwise 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 unless expressly accepted in advance and in writing by the PROVIDER.

2. SHIPPING AND DELIVERY OF ORDERS

The PROVIDER will not ship any order until it has verified that payment has been made.

Shipping of goods will usually be done by EXPRESS COURIER (MBE for mainland Spain and abroad, Tipsa for the Canary Islands).

Shipping will be done once the availability of the goods has been confirmed and payment for the order has been verified.

The delivery time will be 24 hours for shipments made before 11:00, and 48 hours for shipments made after 11:00.The estimated shipping and delivery date will be provided prior to confirmation of the order.

Failure to execute the distance contract

If the contract cannot be executed because the contracted product or service is not available within the expected time, the USER will be informed of the lack of availability and will be entitled to cancel the order and receive a refund of the total amount paid at no cost, and without this incurring any liability for damages attributable to the PROVIDER.

In the event of unjustified delay on the part of the PROVIDER with respect to the refund of the total amount, the USER may claim payment of double the amount owed, without prejudice to their right to be compensated for any damages suffered in excess of that amount.

The PROVIDER will not assume any liability if the delivery of the product or service is not completed due to the information provided by the USER being false, inaccurate, or incomplete.

Delivery will be considered completed when the carrier has made the products available to the USER and the USER, or their representative, has signed the delivery receipt.

The PROVIDER will be liable to the USER for any lack of conformity that exists at the time of delivery of the order. The USER may, by means of a simple declaration, demand that the carrier correct said lack of conformity, reduce the price, or terminate the contract. In any of these cases, the USER may also demand compensation for damages, if applicable.

The USER shall have the right to suspend payment of any outstanding portion of the price of the purchased product until the PROVIDER complies with the obligations established in this contract.

It is the USER's responsibility to verify the products upon receipt and to state any reservations and claims that may be justified in the delivery receipt document.

In the event that the contract does not entail the physical delivery of any product, but rather an activation of download from a website, the PROVIDER will inform the USER in advance of the procedure to be followed to carry out this download.

3. RIGHT OF WITHDRAWAL

Withdrawal form: https://fincacanariascbd.com/formulario-solicitud-desistimiento.pdf

The USER has a period of fourteen calendar days, counting from the date of receipt of the product or from the conclusion of the sales contract, if applicable. a provision of a service, to exercise the right of withdrawal, regulated in article 102 of 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, hereinafter RDL 1/2007. If the PROVIDER does not comply with the obligation to provide information and documentation regarding the right of withdrawal, the deadline for exercising it will end twelve months after the expiration date of the initial withdrawal period, in accordance with article 105 of RDL 1/2007.

The right of withdrawal will not apply to the contracts referred to and listed in Article 103 of RDL 1/2007, and which are listed here

Any returns must be communicated to the PROVIDER, requesting a return number using the form provided for this purpose, or by email to cs@fincacanarias.es, indicating the corresponding invoice or order number.

In the event that the If the return is not made using the original delivery packaging, the PROVIDER may charge the USER for the cost of the packaging, informing them in advance through the same communication channel used.

Once the USER has received the return number, they will send the product to the PROVIDER, indicating this number on the shipping letter, with the shipping costs at their expense, to the address of FCAV ONLINE S.L, AV. Castilla - La Mancha S/N (Local Mail Boxes) 45270, Mocejón, Toledo, Spain.

4. CLAIMS AND ONLINE DISPUTE RESOLUTION

Any claim that the USER considers appropriate will be attended to as soon as possible and can be made at the following contact addresses:

Postal: FCAV ONLINE S.L, Ctra GC 140, Km.2, Nave 1, - 35219 Telde (Las Palmas)
Telephone: +34 638388593
E-mail: cs@fincacanariascbd.es
 

Online Dispute Resolution (Online Dispute Resolution)

In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides an access platform Free online dispute resolution between the USER and the PROVIDER, without resorting to the courts, through the intervention of a third party, called a Dispute Resolution Body, which acts as an intermediary between the two parties. This body is neutral and will dialogue with both parties to reach an agreement, and may ultimately suggest and/or impose a solution to the dispute.

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 force majeure event ceases.

6. COMPETENCE

The USER may not assign, transfer, or transmit the rights, responsibilities, and obligations contracted in the sale.

If any stipulation of these conditions is considered null or impossible to fulfill, the validity, legality, and fulfillment of the remaining provisions will not be affected in any way, nor will they be modified in any way.

The USER declares that he or she has read, understood, and accepted these Conditions in their entirety.

7. GENERAL INFORMATION ON THE OFFER

All sales and deliveries made ections by the PROVIDER shall be deemed to be subject to these Conditions.

No modification, alteration or agreement contrary to the Commercial Proposal of FCAV ONLINE S.L or to what is stipulated herein shall be effective unless expressly agreed in writing signed by the PROVIDER, in which case, these specific agreements shall prevail.

8. PRICE AND VALIDITY PERIOD OF THE OFFER

When the user accesses the page using a username and password, the prices indicated for each product or service will include the Value Added Tax (VAT) or other taxes that may be applicable. These prices, unless expressly stated otherwise, do not include shipping or communication costs, handling, or any other additional services or annexes to the purchased product.

The prices applicable to each product are those published on the website and will be expressedin EURO currency. The USER assumes that the economic valuation of some of the products may vary in real time.

Before making the purchase, you can check all the details of the budget online: items, quantities, price, availability, shipping costs, charges, discounts, taxes and the total purchase. Prices may change daily until the order is placed.

Once the order is placed, prices will remain the same regardless of product availability.

All payments made to the PROVIDER will result in the issuance of an invoice in the name of the registered USER or the company name provided when placing the order. This invoice can be downloaded in PDF format by accessing the website's management panel with the user account. If you wish to receive it by email, you must request it by any of the means that the PROVIDER makes available to you, informing you that you may revoke this decision at any time.

For any information regarding the order, the USER may contact the PROVIDER's customer service phone number +34 638388593 or via email at cs@fincacanariascbd.es.

9. SHIPPING COSTS

The prices published in the store do not include shipping or communication costs, nor installation or download costs, or additional services, unless expressly agreed otherwise in writing.

Shipping costs will be calculated when you save the basket or quote, as they are calculated based on the weight of the products and the delivery address.

The maximum shipping rate (VAT included) applied is as follows:

10. PAYMENT METHODS, FEES, AND DISCOUNTS

The PROVIDER is responsible for the financial transactions and makes the following payment methods available for an order:

• Credit card (through Revolut)
• Bank transfer
• Cash on delivery (only available in Spain)

The USER may use a coupon and discount at the time prior to completing the purchase if it has been received from the PROVIDER.

Security Measures

The website uses information security techniques generally accepted in the industry, such as SSL, data entered on a secure page, firewalls, access control procedures, and cryptographic mechanisms, all with the aim of preventing unauthorized access to data. To achieve these purposes, the user/customer agrees that the provider may obtain data for the purpose of authenticating access controls.

The PROVIDER agrees not to allow any transaction that is considered illegal by the credit card brands or the acquiring bank and that may or has the potential to damage their goodwill or negatively influence them.

Under the card brand programs, the sale or offer of a product or service that does not comply with all laws applicable to the Buyer, Issuing Bank, Merchant, or Cardholder(s) is prohibited.

11. PURCHASE PROCESS

Any product from our catalog can be added to the cart. Only the items, quantity, price, and total amount will be displayed. Once you save your cart, taxes, fees, and discounts will be calculated based on the payment and shipping information you entered.

Carts have no administrative obligation; they are simply a section where you can simulate a quote without any commitment on either side.

From the cart, you can place an order by following these steps:

1. - Check billing information.
2. - Check the shipping address.
3. - Select the payment method.
4. - Place the order (purchase).

Once the order has been processed, the system instantly sends an email to the PROVIDER's management department and another email to the USER's email confirming the order.

Orders (purchase requests)

Prior to order confirmation, information will be provided regarding the order status and the approximate shipping and/or delivery date.

12. SEVERANCE AND SUSPENSION OR TERMINATION OF THE CONTRACT

If any of these terms and conditions are deemed unlawful, void, or for any reason unenforceable, that condition will be deemed severable and will 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, in whole or in part, if the USER fails to comply with the obligations set forth in this contract or any applicable legal provision, license, regulation, directive, code of practice, or policy.

When the PROVIDER exercises any of its rights or powers under this Clause, such exercise will not prejudice or affect the exercise of any other right, power, or remedy that may be available to the PROVIDER.

13. WARRANTIES AND RETURNS

Warranties will be governed by the provisions of the Title referring to "Warranties and after-sales services" of 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, which can be accessed by clicking here

14. APPLICABLE LAW AND JURISDICTION