General comments and acceptance of general utilization conditions of the portal
Ownership of the portal
Labotienda S.L., is placed in Navarra, San Cristobal, 132 Road (Cizur Mayor) and V.A.T. B-31700404, registered at Navarra Mercantile Register, Volume 778, Sheet 43, Page NA-15965, first registration is the ownership of the portal www.labotienda.com (from now Portal and/or the Store), this portal is at Internet users disposal, with the purposes of providing information about goods, offers and allowing the purchase of the offered goods through the Portal.
General utilization conditions and acceptance
Present General Utilization Conditions, general and particular conditions, that may be established, have the purpose of regulate the disposition of the information as well as the commercial relationship between Labotienda S.L. and the user. User condition is acquired by the surf and /or by the use of any service included in the Store. Surf, use and/or purchase any product of the Store involves the acceptance of the user, without reservations of any kind, of each and every General Utilization Conditions and General Contracting Conditions that in this case are in force about property acquisition or about the provision of services.
Labotienda S.L. may at any time without prior notice, alter these present General Conditions, as well as General Contracting Conditions indicated in the next Title III, and/or particular conditions. New conditions will be publicated on the web for user knowledge and always before surfing the Store or purchasing any offered goods.
Portal general utilization conditions
These General Conditions will be applied to promotional activity, provision of information made through the Portal, acquisition of property and/or provision of offered services in the Portal. At any time General conditions are in forced for surfing the Web as well as purchasing goods and/or services provision, these last activities will be complied with General Utilization Conditions, with General Contracting Conditions and with particular conditions (that in this case, there may be).
Intellectual and industrial property. Prohibition of hyperlinks
All contest showed in the Store and especially, designs, texts, graphics, logos, icons, buttons, software, trade names, trademarks, industrial drawings or any other signs of industrial and commercial use are subject to intellectual and industrial Labotienda S.L. property rights or third-holders who have duly authorized their inclusion in the System On-Line.
In any case the user will understand that licence is granted. Labotienda S.L. does not make renounces, transfers, total or partial agreetments to thirds of mentioned rights. Labotienda S.L. confers no right or right expectation, and in particular, alteration, exploitation, reproduction, distribution or public communication about mentioned contents without Labotienda S.L. or holders prior express permission.
Any link may be established to the Store from any other website without Labotienda S.L. express and prior consent.
Labotienda S.L. responsibility
Labotienda S.L. will only take responsibility for damages that user can suffer as a result of utilization of the Store and when these damages were attributable to fraudulent action of the company. User admits and accepts that utilization of the Store, as well as purchase of offered goods is carried out on his own risk.
Labotienda S.L.is not responsible for derived damages, with expository and no limiting character (i) Inferences, omissions, interruptions, computer virus, breakdowns and/or disconnections in the operative operation of this electronic system or in user’s appliances and computer system, motivated by reasons out of Labotienda S.L. control, these problems may impede or delay the provision of services or surf the System; (ii) Delays or bloackages in the use caused by faults, Internet overloads or in other electronic systems; (iii) they may be caused by thirds through illegitimate interferences out of Store control and not attributable to Labotienda S.L.; (iv) information divergences, documentation and/or other contents of the Store that might exist between the electronic and printed version; (v) impossibility to give the Service or allow the access because of causes not imputable to Labotienda S.L., owing to User, thirds or to cases of force majeure.
Labotienda S.L. does not control, with general character, the use that users make in the Store. In particular Labotienda S.L. does not guaranteed under any circumstances that users use the Service in accordance with the law, and present General Conditions, the moral or good habits generally accepted, public order or in a diligent and prudent way.
With general character the user is obligated to compliance with General Conditions, with applicable Particular Conditions, with special warnings or instructions for use contain in the Store and act according to law, goods habits and requirements of good faith, using the properly diligence to the nature of service, abstaining from using the Store in any way that may impede, damage or deteriorate a normal operation, Labotienda’s assets or rights, its suppliers, and the rest of the Users or in general of thirds.
Specifically, and without restriction to the assumed obligation by the User with general character in accordance with the previous section. Obligation. User obligations: (i) in case of registration, User is obligated to provide truthfull data and to update them;(ii) do not enter, store or distribute to or from the Store, any libellous information or material, slanderous, obscene, threatening, xenophobe, incites to violence or to race, sex, ideology, religion discrimination or in any way affect the moral, the public order, basic rights, public liberties, the honor, the intimacy or third’ image and in general regulations under current regulations; (iii) do not enter, store or issue through the Store any computer program, data, virus, code, hardware equipment, telecommunications or any other instrument, electronic and physical device sensitive to cause damages in the Store, in any Service, in Labotienda’s net or systems, of any user, Labotienda’s supplies or in general to thirds; (iv) to guard properly the “User’s name” and the “Password” given by Labotienda S.L. to the Users, as identifier and authorized elements for accessing to the Services. Labotienda S.L. undertakes not to transfer the use and not to allow the access to third, assuming the responsibility for any damages derived from bad use. Likewise the user undertakes to communicate to Labotienda S.L., as soon as possible, his loss/theft and any access risk to “User’s name” and/or the “Password” by a third; (v) do not do publicity, promotional or explotation commercial activities through the Store, not using the contents and in particular obtained information thanks to the Store for sending publicity, messages for direct marketing purposes or any other commercial purpose and for picking up or storing personal data of third; (vi) do not use false identities or impersonate people’s identities using the Store or any Services, including utilization of passwords and third’s access keys; (vii) do not destroy, distort, use for own use or damage Labotienda’s informations, programs or electronic documents, its suppliers or third; (viii) do not enter, store or issue through the Store other contents which violate intellectual and industrial right or third’s business secrets.
For the purposes of present General Conditions, and for any communication required between Labotienda and the User. Users have to go to Labotienda S.L.through an e-mail (sending an e-mail to firstname.lastname@example.org). Communications between Labotienda S.L. and User will realize according to the data provided by the user when he registered at the Store. User accepts specifically for every communications related to the use of the Store, and/or acquisition of property, use of e-mail as a valid procedure for remitting of those communications.
Applicable law. Submission to jurisdiction
Present conditions will be governed by Spanish law, that will be applicable in this contract about interpretation, validity and implementation.
Both parts renounce expressly the jurisdiction that it may belong and comply with Pamplona Courts to resolve any controversy that may arise in the interpretation or implementation of present contractual conditions.
Sale on-line conditions between Labotienda and the Users
Contracting general conditions. Previous information before contracting
These contracting general conditions with particular conditions that may be stablished will regulate specifically the relationship between Labotienda S.L., placed in Navarra, San Cristóbal road 132, Cizur Mayor and V.A.T. B31700404 and third (from now “User”) who contract offered goods through the Store.
Present General Conditions have been elaborated according to the Law 34/2002, of information and electronic trade services, the Law 7/1998 about Contracting General Conditions, Royal Decree 1906/1999 which regulate telephone or electronic contracting with general conditions under construction of the article 5.3 Law 7/1998, General Law 26/1984 for the Protection of Consumers and Users, Law 7/1996 Retailer Organization, Royal Decree 14/1999 regulatory of Electronic Signature and any other laws may be imposed.
For using and/or purchase of any products of the Store, the User accepts without reserve, all and every Contracting General Conditions, Portal General Utilization Conditions as well as Particulary Conditions that in this case govern the acquisition.
Labotienda S.L. informs that procedures for the acquisition of property are those described in the present general conditions, as well as specific others indicated on the screen while surf, so User declares to know and accept those procedures as required for accessing products and services offered at the Portal.
Any modification and/or correction of the data provided by the Users during the surf have to realize according to indications included at the Portal.
Offered products. Purchasing system
Offered products in the Store, with their features and price will appear on screen the without taxes. Before confirming your order, total cost will be showed. Shipping cost is always assumed by the purchaser and it is indicated during purchase process in euros, including V.A.T. and any other applicable tax. Prices will be in force, except typographic mistake. Offers will be properly indicated on the screen. Labotienda S.L. reserves the right to decide in every moment contents and offered products to the Users through the Store. In this case, Labotienda S.L. will be able to add new products at any moment, this new products are under the same General Conditions. Likewise Labotienda S.L. reserves the right to revoke the access, at any moment and without notice, of any offered products in the Store.
For purchasing products in the Store, users have to register and be of age (18 years), users have to fill out the following instructions, as well as any other included on Labotienda’s screen: (i) fill out the electronic form following indicated instruction. (ii) Click icon/button ACEPT. (iii)users have to receive the conformity of the register in their e-mail address. User’s Name and Password facilitated by the User to Labotienda S.L. are identify elements allowing the access and the purchase, these data are personal and untransferable.
When user is registered and for purchasing, user has to add the desired product to the shopping basket following the indications showed on the screen, fill out the form of the supplied order and sending it to Labotienda S.L. , this involves reding and irrevocable acceptance of all present General Conditions, as well as Particular Conditions. Purchase will be understood realize at Labotienda’s address.
When the purchase is done and as soon as possible, always before 24 hours since the execution of purchase (2) , Customer Care Department will send an e-mail to the User with the proof of purchase. Customer may request the invoice and Labotienda S.L. will send it. Order confirmation and proof are not valied as invoice.
Labotienda S.L. reserves the right to cancel User's mail, and therefore the access to the Store for those users who keep debit balances or unpaid with Labotienda S.L.
Payment method, delivery and returns of the orders
Screen shows the price of the purchased goods plus shipping cost, this price may be paid by credit card, debit card, paypal, bank transfer in accordance with payment methods that at any time are showed on the screen. To do the payment, user has to follow all instructions show on the screen.
If you want to pay with card, we accept 4B, MasterCard and VISA. Payment will be done by “Telepago 4B” system through its pages of a safe server, according to protocol SSL, with a digital certificate backed up, so provided information by User is transfered encrypted. User has to provide the following information to Telepago 4B: a) card number, b) its expiry date, c) validation code and d) any other information that issuer entity of the credit/debit card requested to do payments through internet. These payment data are requested and processed by Telepago 4B system and Labotienda cannot access them in any case. The only information obtained from Telepago 4B system, stored for Labotienda’s management, is the payment reference.
Labotienda S.L. is forced to deliver User’s goods at the address indicated in the order form (do not deliver at post office box and public places). After receiving the corresponding paiement, aproximate deliveries, in working days and for items available in stock, in peninsular Spain 5 days and 10 days for Balearic Islands. Rest zones and items not available, consult.
User/Purchaser disposes of 7 natural days to request a return (if nature of purchased good allows this). This established period starts to count since Purchaser’s reception. In any case is understood that Purchaser knows the right to return from the entrance into the Store, because this action demands the reading and acceptance of the present General Conditions or from the moment order was done. Returns of order have to be processed by e-mail email@example.com. Labotienda S.L. will refund received amount through payment, within ten days from checking good conditions of products. Shipping cost will not be refunded. Nevertheless, it is excluded the right to return and/or resolution of those goods that for their nature is not possible carry out, without detriments of corresponding complaint for suffered damages.
Goods have to be received in perfect estate, packed into a closed and sealed bundle which covers original packed and accessories. Shipping charges will be assume by the user.
Product has to be perfectly identified with return number given by Customer Service.
If product was faulty, Labotienda S.L. takes responsibility for replacing the product, without cost for the customer.
If product is delivered in bad conditions owing to the transport, user has to indicate it in the delivery note and contact within 24 hours with our Customer Service to do the complaint. Passed this period Labotienda S.L. does not take responsability for any complaint owing to this reason.
Applicable legislation. Venue determination clause.
These General Conditions are under Spanish laws. To resolve conflicts, Labotienda, S.L. and the customer are forced to submit authority court from user's address.