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0.1. These general terms and conditions (“General Terms and Conditions”), in conjunction, where applicable, with the specific terms and conditions that may be established (“Specific Terms and Conditions”), expressly govern the access, use and commercial relationship between the user (the “Customer”) and the Point of Sale majorica.com (“Majorica Online Store”) through which the latter formalises the purchase of products offered during their availability period (the “Products”) via the sales platform available at the website www.majorica.com (the “Online Store”) owned by MAJORICA, S.A., a Spanish company registered under company tax code A-07333560 and with registered offices at C/ Argenters s/n, Polígono Industrial de Manacor 07500 Manacor (IllesBalears). The Company is registered in the Mercantile Registry of the Balearic Islands under Volume 1,544, Sheet PM-28,901, Entry 8.
0.2 These General Terms and Conditions shall have validity and shall remain in force for the duration of the time in which they are accessible through the Online Store. Majorica reserves the right to substitute, at any time, the General Terms and Conditions and the Specific Terms and Conditions (the “New Terms and Conditions”), as well as any legal notices, guidelines and/or regulations regarding use contained in the Online Store and which, according to each case, will substitute, complete and/or modify the General Terms and Conditions found herein. The Customer shall be subject to the General Terms and Conditions in force at the time in which his or her order is placed. Their temporary applicability coincides with the duration of time in which they are exhibited, until the moment in which they are modified in whole or in part. The New Terms and Conditions shall be applicable from the moment in which they are available to the Customer. We recommend that you periodically check the General Terms and Conditions, as they may undergo changes. Whenever you so wish, you can consult the Terms and Conditions currently in force by visiting www.majorica.com.
0.3 In the event of any inconsistency between the terms and conditions expressed in the General Terms and Conditions and the Specific Terms and Conditions, the terms stipulated in the latter instrument regarding the incompatible terms shall prevail in all cases, and only with respect to those products subject to said specific terms and conditions.
0.4 The Points of Sale have Complaint Forms available to consumers on-site.
0.5 Any queries, suggestions, complaints or claims regarding the online sale of the Products can be made through our Customer Service Department:
Calle Argenters s/n
Polígono Industrial Manacor
07500 Manacor (IllesBalears)
Tel.: +34 93.270.36.60
1. PARTIES TO THE CONTRACT.
1.1 “Customers” shall be considered those consumers who are individuals residing on the Spanish mainland or on the Spanish islands (with the exception of Ceuta and Melilla and the Canary Islands), or within the territory of the European Community, who are of legal age, or are legal persons who adequately identify their legal status, and accept the General Terms and Conditions as well as the Specific Terms and Conditions that may apply. The purchase of Products through the Majorica Online Store by minors or by users who do not meet the requirements set forth in these General Terms and Conditions is expressly prohibited.
1.2. The “Point of Sale” shall be the owning entity of the establishment that the Customer has chosen upon placing his or her order, and it is with this entity that the sale of the requested Products will be understood to have taken place. Company data for each of the Points of Sale responsible for the sale will be duly identified during the contracting process.
2. ONLINE STORE ACCESS AND USE.
2.1 Access to and use of the Online Store is free of charge and unrestricted, without prejudice to the right of Majorica to require consideration for the same in the future.
2.2 For the purchase of Products through the Online Store, Majorica will prompt users to register, to which end Customers must fill out the online form that at any given time shall be displayed in the Online Store, following the instructions therein. During the registration process, true and accurate details must be provided exclusively and in all cases.
2.3 Majorica will send registration confirmation to the e-mail account that the Customer has indicated for the purpose. The username and password are elements that enable access and make it possible for the user to place a purchase order. They are confidential, personal and non-transferable. The username cannot be modified by the Customer, though this is not the case for the password. In the event in which the password is modified, the previous codes will lose validity.
The Customer shall be responsible for the appropriate safe-keeping and confidentiality of the password, and must not transfer its use to any third party, whether temporarily or permanently, nor allow its use under any circumstances by any third party. The Customer must immediately inform Majorica if any third party other than the Customer may have accessed the Online Store using his or her password.
2.4 All Product purchases carried out through the Online Store, following identification and authentication using the provided username and password, shall be deemed to have been validly carried out by the Customer and shall be binding. Accordingly, the Customer shall be solely responsible for any Product purchase made through the Online Store by any third party using the Customer’s username and password. Orders placed through the Online Store by a minor using falsified registration information shall be understood to have been carried out under the supervision and authorization of his or her parents, guardians or legal representatives.
2.5. Use of the Online Store, and/or the contracting of any of the Products, implies Customer acceptance, without reservations of any kind, of each and every one of the General Terms and Conditions and, where applicable, the Specific Terms and Conditions that may apply. If you choose not to accept these General Terms and Conditions, Specific Terms and Conditions, and/or, where applicable, New Terms and Conditions, you should not access and/or use the Online Store. Access to and use of the Online Store by the Customer shall be deemed, in all cases, to be subject to strict compliance by the Customer to the terms stipulated in these General Terms and Conditions and, where appropriate, in the Specific Terms and Conditions that may apply.
2.6 The duration of the legal relationship arising from registration as a Customer of the Online Store is indefinite. Either party may unilaterally terminate or suspend this contractual relationship at any time and without any cause other than a will to that effect, without prejudice to the obligations arising from the execution of orders placed prior to the termination. The Customer may exercise the right of unilateral termination through the account cancellation process.
3. INFORMATION AND AVAILABILITY REGARDING THE PRODUCTS ON OFFER.
3.1. The Products offered through the Online Store, together with their key features and prices, shall appear on the screen. In addition to the price, and before order confirmation, the total cost of shipment to the Customer’s address shall appear on the screen. Discounts will be duly indicated on the screen. The Majorica Online Store reserves the right to decide at any time which Products are featured and offered to Customers through the Online Store. Thus, the Majorica Online Store may at any time add new Products to those included in the Online Store, with it being understood, unless otherwise stated, that these new Products shall be governed by the provisions of the General Terms and Conditions in force at the time. The Majorica Online Store also reserves the right to withdraw or discontinue the offering at any time, and without prior notice, of any of the Products offered through the Online Store.
3.2. A maximum of ten (10) units of the same product may be ordered as part of each purchase transaction. All orders and purchases made through the Online Store are subject to the effective stock availability of the Products in the moment in which they are to be picked up at the Majorica Online Store indicated during the placement of the order or during the time in which they are being prepared for shipping.
If any of the Products forming part of the Customer’s order are not available, the Majorica Online Store will contact the Customer to notify him or her, and the Customer may then choose to either receive the order with the available products or cancel the entire order.
4. PRICES AND SHIPPING COSTS.
4.1. Product prices are always displayed in euros or GBP and include VAT and any other taxes that may apply, and shall at all times be those that are valid. If Majorica or the Majorica Online Store identify a manifest error in the price of the Products, they shall notify the Customer, who shall then have the option of reconfirming his or her order at the correct price or, alternatively, cancelling the order.
4.2. The price of the product does not include shipping expenses. These costs shall be borne by the Customer and will be added to the total cost of the selected Products. The cost of the contracted delivery service shall be determined by the selected conditions and mode of service. The Customer shall be duly notified of said costs, which shall be duly broken down prior to completion of the payment, before confirmation of the order and finalization of the contracting process.
4.3. The prices shown in the Online Store apply only to the Products offered through said channel during the time in which they remain published. Majorica and the Points of Sale expressly reserve the right to change prices at any time without prior notice. However, in any event, they shall apply the valid rates indicated in the Online Store at the time in which the corresponding order is carried out. The prices published in the Online Store may vary and differ from the prices of the same Products offered and sold in the establishments of the Majorica distribution network to be purchased at such establishments directly.
5. PURCHASING PROCESS.
5.1. Once the Customer has registered, and in order to proceed with the purchase of Products, he or she must add the product that he or she wishes to purchase to the Shopping Basket, according to the instructions indicated on the screen, filling out to this end the provided order form.
5.2. Once the purchase has been made, the Customer will receive, via the e-mail address specified for the purpose by the Customer, purchase confirmation, which will serve as Proof of Purchase. The order confirmation and Proof of Purchase shall not serve as valid invoices.
5.3 The purchase transaction will be considered finalised at the location of the Point of Sale.
6. PAYMENT METHOD.
6.1 To proceed with payment, the Customer must follow each and every one of the instructions displayed on the relevant page of the Online Store. The payment of the price of the Products and of the shipping costs may be made via credit card or debit card or via other payment methods indicated on the relevant page at the time of payment. Said payment methods will be subject to validation checks and authorization by the issuers. If the issuer fails to authorize payment, we cannot continue with the initiated purchasing procedure and the order will be automatically cancelled, the sale of the Product or Products requested being understood to have not been executed. The charge of the price of the Products, the costs of the shipping service (where applicable) and any taxes that may apply shall be executed at the moment in which the order is completed.
6.2. As an electronic payment system, Majorica and the Majorica Online Store have an e-commerce payment gateway installed. All data supplied to Majorica and to the Majorica Online Store to this end are encrypted to ensure maximum security thereof. It is handled on a certified secure server in accordance with “Secure Socket Layer” protocol. Under no circumstance will data provided by the Customer through the payment gateway be stored; it is retained solely while the sale is taking place, while the payment is being executed and during the return period.
6.3. Majorica and the Majorica Online Store reserve the right to cancel the username and password, and thus access to the Online Store, of those users who have unpaid or debit balances with any Point of Sale.
7. PRODUCT PICKUP AND DELIVERY.
7.1. For Home Delivery, delivery will be carried out, generally, within one to three working days from the order confirmation, to the address that has been included in the order details, not to exceed the maximum period of 30 days from purchase confirmation, except in cases of force majeure. The Sales Receipt will be delivered together with the Product or Products.
8. ORDER RETURNS.
The right of the User to withdraw the purchase made through the Online Store is acknowledged, and, therefore, if he or she is not satisfied, and provided that the nature of the acquired Product so permits, he or she can return the Product within a maximum period of fourteen (14) calendar days starting from the date of the delivery of the order to the address indicated by the Customer.
• Through the Online Store by completing the online form attached to the return request.
The refund of the purchase amount, where appropriate, will be carried out using the same payment method with which the Product was purchased, after deducting the shipping and return costs which shall be borne by the Customer.
In any event, for the purpose of exercising the right to return goods, it is imperative that the Products be in perfect condition. The products should be returned in their original packaging together with the invoice. Before returning the Product, the Customer must ensure that the Product is duly protected and sealed so that it does not suffer any damages during shipping.
Should the product be defective, Majorica shall take responsibility, to the extent in which it is possible, for replacing the product, at no expense to the Customer. Should, for availability reasons, the replacement of the product not be possible, a full refund of the purchase will be provided.
In the event in which a purchased Product presents a lack of conformity in that it does not correspond to the features offered, presents defects preventing its normal use in accordance with its nature, or does not offer the benefits attributed to it, the Customer shall be entitled to the acquired Product being repaired within two years of the purchase and under the conditions and with the evidence as regulated in the Revised Text of the General Law for the Defence of Consumers and Users, without prejudice to the powers of the Majorica Online Store to verify the truthfulness of the defects, their origin and their time of onset. In any event, the Customer must request pickup of the product at the Majorica Online Store within two months from observation of the defect, providing due information regarding the nature of the problem and the time and conditions of its occurrence. Likewise, the Customer is entitled to the Product being repaired in accordance with the guidelines of Article 118 and following of the Revised Text of the General Law for the Defence of Consumers and Users. Under all circumstances, the regulations established by law regarding sales warranties for consumer goods shall apply.
10. AFTER-SALES SERVICE.
All repairs covered by the INTERNATIONAL GUARANTEE CERTIFICATE will be borne by MAJORICA, S.A.
Majorica will carry out rethreading, clasp replacement or any other repairs not covered by the guarantee, at the fairest price, provided that the INTERNATIONAL GUARANTEE CERTIFICATE is presented, duly completed.
The cost of sending for repair to Majorica will be borne by the consumer.
All repairs covered by the properly completed GUARANTEE will be carried out immediately.In this case, return freight costs will be borne by MAJORICA S.A.
Any other repair not covered by the GUARANTEE must be requested by mail, and an estimate will be provided once the details have been analysed.In this case, return freight costs will be borne by the consumer.
11. WAIVER OF LIABILITY.
The Majorica Online Store and Majorica cannot guarantee the technical continuity of the Online Store, the absence of errors or interruptions in service, or that the Online Store will be available or accessible one hundred percent of the time. Nor can it guarantee the absence of viruses or other harmful components in the Online Store or on the server on which it is hosted.
12. PERSONAL DATA PROCESSING.
These conditions have been set forth in due time, in accordance with current legislation. Likewise, Majorica has made these Purchasing Conditions available so that they can be stored and copied, thus fulfilling the legal obligation to provide prior information.
Majorica reserves the right to modify, at any time, and without prior notice, the presentation and layout of the Online Store, the features of the same and/or the contents thereof. You expressly acknowledge and accept that Majorica at any time may interrupt, disable and/or terminate your access to and/or use of the Online Store, without Majorica being liable therefore.
In the event in which any provision or provisions of these Purchasing Conditions be deemed void or unenforceable, in whole or in part, by any court, tribunal or competent administrative body, such invalidity or inapplicability shall not affect the remaining provisions. In this case, the clause or clauses in question shall be replaced by another or others that have effects similar to those of the clause or clauses replaced.
14. APPLICABLE LAW.
These Terms and Conditions have been prepared in accordance with that set forth in Law 34/2002, regarding Information Society Services and Electronic Commerce, Law 7/1998, regarding General Terms and Conditions for Contracting, Royal Decree 1906/1999, governing telephone and electronic contracting with general conditions pursuant to Article 5.3 of Law 7/1998, Royal Decree 1/2007 of 16 November, approving the Revised Text of the General Law for the Defence of Consumers and Customers and other complementary laws, Law 7/1996 regulating Retail Trade, Royal Decree-Law 14/1999 regulating Electronic Signatures, and any other applicable laws.