Legal notice

[PELETERÍA 2011 SL], the website owner, hereinafter the CONTROLLER, makes this document available to users. This document is intended to comply with the obligations set forth in Law 34/2002, of July 11, on Information Society Services and Electronic Commerce (LSSICE), Official State Gazette No. 166, and to inform all website users of the terms of use.

Any person accessing this website assumes the role of user and undertakes to strictly observe and comply with the provisions set forth herein, as well as any other applicable legal provisions.

[PELETERÍA 2011 SL] reserves the right to modify any information that may appear on the website, without any obligation to provide prior notice or inform users of such obligations. Publication on the [PELETERÍA 2011 SL] website is deemed sufficient.

1. IDENTIFICATION DATA
Domain name: www.ramiroguardiola.com

Trade name: Ramiro Guardiola
Company name: Peletería 2011 S.L.

NIF: B86174133
Registered office: Calle Claudio Coello 17, 28001, Madrid
Telephone: 915776413

Email: info@ramiroguardiola.com

Registered in the (Commercial/Public) Registry:

2. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
The website, including but not limited to its programming, editing, compilation, and other elements necessary for its operation, designs, logos, text, and/or graphics, are the property of the CONTROLLER or, where applicable, are licensed or expressly authorized by the authors. All content on the website is duly protected by intellectual and industrial property regulations and is registered in the corresponding public registries.

Regardless of the intended purpose, the total or partial reproduction, use, exploitation, distribution, and marketing of these documents always requires prior written authorization from the CONTROLLER. Any use not previously authorized is considered a serious breach of the author's intellectual or industrial property rights.

Any designs, logos, text, and/or graphics not belonging to the CONTROLLER and that may appear on the website belong to their respective owners, who are responsible for any dispute that may arise regarding them. The CONTROLLER expressly authorizes third parties to directly redirect to specific content on the website and, in all cases, to redirect to the main website culdesaconline.es.

The CONTROLLER recognizes the corresponding intellectual and industrial property rights in favor of their owners. Their mere mention or appearance on the website does not imply the existence of any rights or responsibility over them, nor does it imply endorsement, sponsorship, or recommendation by the CONTROLLER.

To make any observations regarding possible infringements of intellectual or industrial property rights, as well as any of the website's content, you can do so by email at [marketingonline.ramiro@gmail.com]

3. DISCLAIMER
The CONTROLLER disclaims any liability arising from the information published on its website, provided that this information has been manipulated or entered by a third party other than the CONTROLLER.

Use of Cookies

This website may use technical cookies (small information files that the server sends to the computer of the person accessing the page) to perform certain functions that are considered essential for the proper functioning and display of the site. The cookies used are, in all cases, temporary, with the sole purpose of making navigation more efficient, and they disappear at the end of the user's session. Under no circumstances do these cookies themselves provide personal data, and they will not be used to collect such data.

Through the use of cookies, the server hosting the website can also recognize the user's browser to make browsing easier. This allows, for example, previously registered users to access areas, services, promotions, or contests reserved exclusively for them without having to register on each visit. Cookies can also be used to measure audience and traffic parameters, monitor progress and the number of entries, etc. In these cases, cookies are technically dispensable, but beneficial to the user. This website will not install dispensable cookies without the user's prior consent.

The user has the option of configuring their browser to be alerted when cookies are received and to prevent their installation on their device. Please consult your browser's instructions for more information.

Link Policy

From the website, you may be redirected to content on third-party websites. Since the CONTROLLER cannot always control the content posted by third parties on their respective websites, it assumes no responsibility for such content. In any case, the CONTROLLER will immediately remove any content that may violate national or international legislation, morality, or public order, and will immediately remove the redirection to said website and notify the competent authorities of the content in question.

The CONTROLLER is not responsible for the information and content stored, including but not limited to, forums, chats, blog generators, comments, social networks, or any other means that allows third parties to publish content independently on the CONTROLLER's website. However, and in compliance with the provisions of Articles 11 and 16 of the LSSICE (Spanish Law on the Use of Personal Data), the CONTROLLER makes itself available to all users, authorities, and law enforcement agencies, actively collaborating in the removal or, where appropriate, blocking of all content that may affect or violate national or international legislation, the rights of third parties, or morality and public order. If the user believes that there is any content on the website that could be classified as such, please notify the website administrator immediately.

This website has been reviewed and tested to ensure proper functioning. In principle, proper operation can be guaranteed 365 days a year, 24 hours a day. However, the CONTROLLER does not rule out the possibility of certain programming errors, or the occurrence of force majeure, natural disasters, strikes, or similar circumstances that make access to the website impossible.

IP Addresses

The website servers can automatically detect the IP address and domain name used by the user. An IP address is a number automatically assigned to a computer when it connects to the Internet. All this information is recorded in a server activity file that allows for subsequent processing of the data for the purpose of obtaining purely statistical measurements that allow us to know the number of page impressions, the number of visits made to the web servers, the order of visits, the access point, etc.

4. APPLICABLE LAW AND JURISDICTION
For the resolution of all disputes or issues related to this website or the activities carried out therein, Spanish law shall apply, to which the parties expressly submit. The Courts and Tribunals closest to Madrid shall have jurisdiction to resolve all conflicts arising from or related to its use.

E-COMMERCE (PRODUCTS). General Terms and Conditions

Purchase Conditions

Introduction

This contractual document shall govern the General Terms and Conditions for the purchase of products or services (hereinafter, "Terms and Conditions") through the website culdesaconline.es, owned by [PELETERÍA 2011 SL], hereinafter the PROVIDER, whose contact information also appears in the Legal Notice of this Website.

These Terms and Conditions may be modified at any time. It is the USER's responsibility to read them periodically, as those in force at the time of placing orders will apply. Contracts will not be subject to any formality except for those cases expressly provided for 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 herein.
Is a person with sufficient legal capacity to enter into a contract. Assumes all obligations set forth herein.
These terms and conditions will be valid indefinitely and will apply to all contracts entered into through the PROVIDER's website.

The PROVIDER informs that the merchant is responsible for and familiar with the current legislation of the countries to which it ships products. The PROVIDER reserves the right to unilaterally modify the terms and conditions, without affecting goods or promotions purchased prior to the modification.

Identity of the Contracting Parties

On the one hand, the PROVIDER of the products or services contracted by the USER is [PELETERÍA 2011 SL], with registered office at Calle Claudio Coello 17, (Madrid), CIF B86174133, and customer service/USER telephone number 915776413.

On the other hand, the USER is registered on the website using a username and password, for which they are fully responsible for their 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 sales relationship between the PROVIDER and the USER at the time the latter accepts the corresponding box during the online contracting process.

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

In order to access the products or services offered by the PROVIDER, the USER must be of legal age and register through the website by creating a user account. Therefore, the USER must freely and voluntarily provide the personal data requested, which will be processed in accordance with the provisions of Regulation (EU) 2016/679 of April 27, 2016 (GDPR), on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and Organic Law 3/2018 of December 5 (LOPDGDD), on the protection of personal data, as 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 make them available to third parties. They will also 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 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. Order shipping.
3. Right of withdrawal.
4. Claims.
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, costs, and discounts. 11. Purchasing Process.
12. Applicable Warranties.
13. Warranties and Returns.
14. Applicable Law and Jurisdiction.

1. GENERAL CONTRACTING TERMS

Unless specifically stipulated in writing, placing an order with the PROVIDER implies the USER's acceptance 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 ORDERS

The PROVIDER will not ship any order or activate any service until payment has been verified.
Merchandise shipments will usually be made by EXPRESS COURIER (POSTAL EXPRESS, SEUR, UPS, STD, etc.).
Delivery dates or times are deemed approximate; delay does not constitute a fundamental breach.

If the PROVIDER has not delivered the merchandise within 30 days of the agreed delivery date due to unavailability of the product or service, the USER must be informed and is entitled to cancel the order and receive a refund of the full amount paid at no cost, and without incurring any liability for damages attributable to the PROVIDER.
In the event of unjustified delay by the PROVIDER in refunding the full amount, the USER may claim payment of the amount owed, without prejudice to their right to compensation for damages incurred in excess of this amount.

Delivery times are typically between 2 and 14 business days, depending on the destination city and the payment method chosen. This term is understood to apply only after the availability of the merchandise has been confirmed and full payment for the order has been verified.
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 complete when the carrier has made the products available to the USER and the USER, or their representative, has signed the delivery receipt.
It is the USER's responsibility to verify the products upon receipt and to state any justified reservations and claims on the delivery receipt.

If the contract does not involve the physical delivery of any product, but rather the activation of certain services, these being directly downloaded from the website, the PROVIDER will inform the USER in advance of the procedure to follow to complete this download.

3. RIGHT OF WITHDRAWAL

The USER has the same rights and deadlines to return and/or file complaints about any defects or flaws in the product or service, both online and offline.

The USER has a period of fourteen calendar days, counted from the date of receipt of the product, to return it (Article 71 of Law 3/2014, of March 27). Unless the return is due to defects in the product, the shipping costs will be borne by the USER. The product must be returned in its original packaging and in perfect condition, and, in the case of a service, from the same day it is activated and/or downloaded.

The right of withdrawal cannot be applied in the following cases:
1. If the product is not presented in perfect condition.

2. If the product packaging is not original or is not in perfect condition. The original packaging must protect the product so that it is received in perfect condition. The use of seals and adhesive tapes applied directly to the product is prohibited.

3. When the product is opened without proof of unused status.

4. In software applications that are directly downloaded through the portal or unsealed.

5. When the products are personalized or those that, for reasons of hygiene or other exceptions legally provided for in Article 103 of Law 3/2014, of March 27, are subject to change.

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 personalized.

8. In the supply of products that may deteriorate or expire quickly.

All returns must be communicated to the SUPPLIER by requesting a return number using the form provided, or by email to [marketingonline.ramiro@gmail.com] and indicating the corresponding invoice or order number.

Once the USER has received the return number, they must send the product to the SUPPLIER, indicating this number on the shipping letter, with the shipping costs at their expense, to the address of PELETERIA 2011 S.L., Calle Claudio Coello 17, (Madrid).

4. CLAIMS

Any claim that the USER deems appropriate will be addressed as quickly as possible and can be submitted to the following contact addresses:

Postal Address: [PELETERÍA 2011 SL], Calle Claudio Coello 17 (Madrid) Telephone: 915776413
Email: [marketingonline.ramiro@gmail.com]
Online Dispute Resolution
In accordance with Article 14.1 of Regulation (EU) 524/2013, the European Commission provides a free platform for the resolution of online disputes between the USER and the PROVIDER, without the need to resort to the courts, through the intervention of a third party, called the Dispute Resolution Body, which acts as an intermediary between the two parties. This body is neutral and will engage 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. JURISDICTION

The USER may not assign, transfer, or transfer the rights, responsibilities, and obligations contracted for in the sale.
If any provision of these terms and conditions is deemed void or impossible to enforce, the validity, legality, and enforceability of the remaining provisions shall not be affected in any way, nor shall they be modified in any way.

The USER declares that they have read, understood, and accept these Terms and Conditions in their entirety.

7. GENERAL INFORMATION ON THE OFFER

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

No modification, alteration, or agreement contrary to the [PELETERÍA 2011 SL] Commercial Proposal or to the provisions herein shall be effective unless expressly agreed in writing by the PROVIDER, in which case, these specific agreements shall prevail.

Given the continuous technical advances and product improvements, the PROVIDER reserves the right to modify its specifications with respect to the information provided in its advertising, as long as this does not affect the value of the products offered. These modifications shall also be valid if, for any reason, the possibility of supplying the offered products is affected.
8. PRICE AND VALIDITY PERIOD OF THE OFFER

The prices indicated for each product include Value Added Tax (VAT) or other taxes that may be applicable. These prices, unless expressly indicated otherwise, do not include shipping, handling, packaging, shipping insurance, or any other additional services or ancillaries to the product or service purchased.

The prices applicable to each product are those published on the website and are expressed in euros. The USER assumes that the economic valuation of some products may vary in real time.

Before making the purchase, you can check all the details of the quote online: items, quantities, price, availability, shipping costs, charges, discounts, taxes, and the total purchase price. Prices may change daily until the order is placed.
Once the order is placed, prices will be maintained regardless of product availability.

All payments made to the PROVIDER will be issued an invoice in the name of the registered USER or the company name provided at the time of placing the order. This invoice will be sent along with the purchased product, as well as in PDF format, to the email address provided by the USER.

For any information regarding the order, the USER may contact the SUPPLIER's customer service phone number or email [marketingonline.ramiro@gmail.com]

9. SHIPPING COSTS

For purchases over €90, shipping will be free.
Shipping costs for the Peninsula are €5.90.
For all other destinations, please inquire about rates via email.
Shipping costs always include VAT but no other taxes, fees, duties, or surcharges.

10. PAYMENT METHODS, FEES, AND DISCOUNTS

The PROVIDER offers the following payment methods for an order:

Bank transfer
Credit card

Security measures

The website uses information security techniques generally accepted in the industry, such as 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 undertakes not to allow any transaction that is or is considered illegal by the credit card brands or the acquiring bank, that may or has the potential to damage their goodwill or negatively influence them.
The following activities are prohibited 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).

11. PURCHASE PROCESS

Shopping Cart (Budget Simulation)

Any product from our catalog can be added to the shopping cart. Only the items, quantity, price, and total amount will be displayed. Once the shopping cart is saved, taxes, fees, and discounts will be calculated based on the payment and shipping information entered.
Shopping carts have no administrative purpose; they are simply a section where a budget can be simulated without any commitment on either side.

From the shopping cart, you can place an order by following these steps for proper completion:

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

Once the order is 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)

Within a maximum of 24 hours, on business days, an email will be sent to the USER confirming the order status and the approximate shipping and/or delivery date.

12. APPLICABLE WARRANTIES

All products offered through the website are completely original, unless otherwise indicated in their description. All products 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. WARRANTIES AND RETURNS

The warranty for the products offered will be governed by the following articles based on Law 23/2003, of July 10, on Guarantees for the Sale of Consumer Goods:

I) Conformity of the Products with the Contract
1. Unless proven otherwise, the products will be deemed to conform to the contract provided they meet all of the requirements set forth below, unless due to the circumstances of the case, any of them are not applicable:
a) They conform to the description and qualities stated by [PELETERÍA 2011 SL].
b) They are suitable for the uses for which products of the same type are ordinarily intended.
c) They are suitable for any special use required by the customer when informed by [PELETERÍA 2011 SL] at the time of entering into the contract, provided that the customer has acknowledged that the product is suitable for this use.
d) They present the quality and performance typical of a product of the same type that the customer can reasonably expect, taking into account the nature of the product and, where applicable, the descriptions of the specific characteristics of the products made by [PELETERÍA 2011 SL].
e) [PELETERÍA 2011 SL] describes the details, technical characteristics, and photographs of the products provided by the manufacturer, and is not bound by these public statements.
2. Any lack of conformity resulting from incorrect installation of the product shall be equated to a lack of conformity of the product when the installation is included in the sales contract and has been carried out by [PELETERÍA 2011 SL] or under its responsibility, or by the USER when the defective installation is due to an error in the installation instructions.

3. No liability shall apply for any lack of conformity that the USER was aware of or could not have ignored at the time of entering into the contract or that originates from materials supplied by the USER.

II) Liability of the PROVIDER and rights of the USER

[PELETERÍA 2011 SL] shall be liable to the USER for any lack of conformity that exists at the time of delivery of the product. [PELETERÍA 2011 SL] recognizes the USER's right to product repair, replacement, price reduction, and termination of the contract.
In accordance with Article 6 of the Civil Code, any prior waiver of the USER's rights or acts committed fraudulently shall be void.

III) Repair and replacement of products

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 informs [PELETERÍA 2011 SL] of the chosen option, both parties must comply. This decision by the USER is without prejudice to the provisions of Article IV below for cases in which repair or replacement fail to bring the product into compliance with the contract.
2. Any form of remedy that imposes costs on [PELETERÍA 2011 SL] that are unreasonable compared to the other form of remedy shall be considered disproportionate, taking into account the value the product would have had if there were no lack of conformity, the significance of the lack of conformity, and whether the alternative remedy could be carried out without major inconvenience to the USER.
IV) Rules for product repair or replacement
Repair and replacement shall comply with the following rules:
a) They shall be free of charge for the USER.
This free service will include the necessary expenses incurred to correct the lack of conformity of the products with the contract, especially shipping costs, as well as costs related to labor and materials.
b) They will be carried out within a reasonable time and without major inconvenience to the user, taking into account the nature of the products and their purpose for the USER.
c) The repair suspends the calculation of the deadlines referred to in Article VII. The suspension period will begin when the USER makes the product available to [PELETERÍA 2011 SL] and will conclude with the delivery of the repaired product to the USER. During the six months following delivery of the repaired product, [PELETERÍA 2011 SL] will be liable for the lack of conformity that led to the repair. It is presumed that the same lack of conformity exists when defects of the same origin as those initially reported are reproduced in the product. d) The replacement suspends the deadlines referred to in Article VII from the exercise of the option until the delivery of the new product. The second paragraph of Article VII shall apply to the replacement product in all cases.
e) If, after the repair is completed and the product is delivered, it still does not comply with the contract, the USER may demand its replacement, within the limits established in paragraph 2 of Article IV, or a price reduction or termination of the contract under the terms of Article V.
f) If the replacement fails to bring the product into compliance with the contract, the USER may demand its repair, within the limits established in paragraph 2 of Article IV, or a price reduction or termination of the contract under 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 Termination of the Contract
Price reduction and termination of the contract will be applicable, at the USER's discretion, when the USER cannot demand repair or replacement of the product and in cases where these have not been carried out within a reasonable timeframe or without major inconvenience to the USER. Termination will not be applicable when the lack of conformity is minor.
VI) Criteria for Price Reduction
The price reduction will be proportional to the difference between the value the product would have had at the time of delivery had it complied with the contract, and the value the product actually delivered had at the time of delivery.
VII) Deadlines
1. [PELETERÍA 2011 SL] is liable for non-conformities that become apparent within two years of delivery. For second-hand products, [PELETERÍA 2011 SL] and the USER may agree on a shorter period, which may not be less than one year from delivery.
Unless proven otherwise, any lack of conformity that becomes apparent within six months of delivery shall be presumed to have existed at the time of delivery, 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 shall be deemed to have taken place on the date indicated on the invoice or purchase label, or on the corresponding delivery note, if later.
3. The right to claim compliance with the provisions of the preceding articles expires three years after delivery of the product.
4. The USER must inform [PELETERÍA 2011 SL] of the lack of conformity within two months of becoming aware of it.
Unless proven otherwise, the USER's notification shall be deemed to have taken place within the established period.
VIII) Action against the producer
When it is impossible for the USER or it represents an excessive burden for them to contact [PELETERÍA 2011 SL] due to the lack of conformity of the products with the purchase agreement, they may file a claim directly with the producer in order to obtain a replacement or repair of the product.
Generally speaking, and without prejudice to the producer's liability ceasing within the same timeframes and conditions as those established for [PELETERÍA 2011 SL], the producer shall be liable for any lack of conformity when it relates to the origin, identity, or suitability of the products, in accordance with their nature and purpose and the regulations governing them.

A producer is understood to be the manufacturer of a product or its importer into the European Union, or any person who represents themselves as such by indicating their name, brand, or other distinctive sign on the product.
Anyone who has filed a claim against the USER shall have one year to claim responsibility for the lack of conformity. This period is calculated from the moment the remedy is completed.

14. APPLICABLE LAW AND JURISDICTION

These terms and conditions shall be governed by or construed in accordance with Spanish law insofar as it is not expressly established. The PROVIDER and the USER agree to submit to the courts and tribunals of the USER's domicile any dispute that may arise from the provision of the products or services covered by these Terms and Conditions.

If the USER is domiciled outside of Spain, the PROVIDER and the USER expressly waive any other jurisdiction, and submit to the Courts and Tribunals closest to the city of MADRID (Spain).

E-COMMERCE. Online Dispute Resolution

In accordance with Article 14.1 of Regulation (EU) 524/2013, the European Commission provides a free platform for the resolution of online disputes between the USER and the PROVIDER, without the need to resort to the courts. This platform, called the Dispute Resolution Body, acts as an intermediary between the two parties. This body is neutral and will engage 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/