GENERAL CONTRACT CONDITIONS
INFORMATION PRIOR TO THE CONTRACTUAL PROCESS
This website www.muskersclimbing.com is owned by MUSKERS CLIMBING SL with CIF B05439609 and fiscal address Plaza Anaitasuna nº1 5-a 20720, AZKOITIA (GUIPÚZCOA).
The General Contracting Conditions regulate the distance selling relationship between MUSKERS CLIMBING SL and the user or client, in accordance with the legal provisions, especially Law 7/1998, of April 13, on General Contracting Conditions, the Law 3/2014, of March 27, which modifies the revised text of the General Law for the Defense of consumers and Users, Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of the digital rights, General Data Protection Regulation (EU) 2016/679, Law 7/1996, of January 15, on the Regulation of Retail Trade, and Law 34/2002 of July 11, on Services of the Society of the Information and Electronic Commerce.
MUSKERS CLIMBING SL reserves the right to make the modifications it deems appropriate, without prior notice, in the General Conditions. Said modifications may be made, through their websites, by any legally admissible form and will be mandatory during the time they are published on the web and until they are validly modified by subsequent ones. However, MUSKERS CLIMBING SL reserves the right to apply, in certain cases, Particular Conditions of Contract in preference to these General Conditions when it deems it appropriate, announcing them in a timely manner.
The purpose of the website is to promote and sell all kinds of products and services.
The duration of the contract will be linked to the delivery of the product without prejudice to the right of withdrawal.
As a user or client, you expressly declare to know, understand and accept the conditions of use and these general contracting conditions. In the same way, you declare that you are of legal age and have the legal capacity to act necessary to access the websites of MUSKERS CLIMBING SL and contract through them.
The European Commission provides an online dispute resolution platform that is available at the following link: http://ec.europa.eu/consumers/odr/
To purchase our products, you can go to the corresponding section of our online store.
It is an essential requirement that you register as a user of the website to make the purchase online. You can access the corresponding section for registration on the website itself. In accordance with the applicable and current regulations on data protection, MUSKERS CLIMBING SL informs users that the personal data collected during the registration process and subsequent purchase will be incorporated into the treatment system owned by MUSKERS CLIMBING SL, with the purpose of processing said actions by the user and managing subsequent actions derived from them.
Your data will be kept for the period strictly necessary to fulfill the aforementioned purposes, except for legal retention obligations.
We inform you that the legal basis for the processing of your data is the correct execution of the contract between the parties and the consent.
In accordance with the rights conferred by current regulations on data protection, you may exercise the rights of access, rectification, limitation of treatment, deletion, portability and opposition to the processing of your personal data as well as the consent given for the treatment of the same, directing your request to the address mentioned above or to the email firstname.lastname@example.org. You can go to the competent Control Authority to present the claim that you consider appropriate.
During the purchase process you must identify yourself with the username and password provided. These data will not be public. You are responsible for treating confidentially and responsibly the identity and password obtained in the registration as a client, not being able to transfer them to another. You can modify the registered information at any time, in your client area. In this same section you will have access to a history of your orders, this is only a consultation section but its management is allowed, the user being able to delete those records that he considers not necessary to view.
At the end of the purchase process, the customer will receive a confirmation of the same by email. It is essential that during the purchase process the user indicates a valid email. If you do not receive confirmation within 24 hours of completing the order, contact MUSKERS CLIMBING SL at the customer service telephone number 615707650 or by email at email@example.com.
All the contents of the website are in Spanish, Basque and English.
The customer, upon receiving the product at the delivery address provided, will receive an invoice or copy of the order.
OFFER AND VALIDITY
In the case of a product on sale, it will always be indicated along with its essential characteristics, the offer price and its validity.
In compliance with current regulations, MUSKERS CLIMBING SL offers information on all items for sale, their characteristics and prices. However, MUSKERS CLIMBING SL reserves the right to withdraw, replace or change the products offered through its website, by simply changing its content. In this way, the products offered at any time by the website will be governed by the General Conditions of Contract in force in each case. Likewise, the company will have the power to stop offering, without prior notice and at any time, access to the aforementioned products.
ESSENTIAL CHARACTERISTICS OF THE PRODUCTS
The products offered in our online store include a photograph and its essential characteristics, this is the information obtained from the manufacturer. The color of the product, observable in the photograph is not binding. The same is identified in the characteristics.
MUSKERS CLIMBING SL is responsible for the lack of conformity of all products offered on the website for a period of two weeks from delivery. MUSKERS CLIMBING SL has an after-sales service, during the indicated period. The client may go to the MUSKERS CLIMBING SL establishment, to the after-sales service, by email to firstname.lastname@example.org or to the points established by the provider itself. In case of doubt, you can contact the customer service telephone number 615707650 or by email email@example.com
All products indicate the sale price in Euros and include Value Added Tax (VAT).
If any other tax were applicable, it would be indicated (IGIC or IPSI).
DELIVERY AND TRANSPORTATION COSTS
MUSKERS CLIMBING SL only makes shipments to Spain mainland. Transportation costs will be free for purchases over €60 during the campaign that we have active to promote online sales. When said campaign ends, we will update this information by applying the usual shipping costs.
In large-volume products, shipping will not be free and for each order the user will see the exact amount to be paid once they have completed the shipping information. The customer will be able to view the costs before making the purchase.
The customer may pay the amount of his order by choosing any of the following ways. During the purchase process you must indicate your choice:
• VISA or MASTERCARD credit card
All operations involving the transmission of personal or banking data are carried out using a secure environment, a server based on standard security technology SSL (Secure Sockets Layer). All the information that you transmit to us travels encrypted through the network.
Likewise, the data on your credit card are entered directly on the bank’s page, in the POS (Bank Point of Sale Terminal) and are not entered or registered in any MUSKERS CLIMBING SL server.
When paying with a VISA or MASTERCARD card, the following information will always be requested: the card number, the expiration date, and a Validation Code that matches the last three digits of the number printed in italics on the back of your VISA or MASTERCARD card. MASTERCARD, thus offering more guarantees about the security of the transaction.
This form of payment is valid only on the web.
When the amount of a purchase has been charged fraudulently or improperly using the number of a payment card, its owner may demand the immediate cancellation of the charge. In such a case, the corresponding debit and repayment entries in the accounts of the provider and the owner will be made as soon as possible.
However, if the purchase had actually been made by the cardholder and the refund requirement was not a consequence of having exercised the right of withdrawal or resolution and, therefore, had unduly demanded the cancellation of the corresponding charge, that will be obliged against MUSKERS CLIMBING SL to compensate for the damages caused as a result of said cancellation.
EXECUTION OF THE ORDER
MUSKERS CLIMBING SL undertakes to deliver the order in a maximum of 5-6 days, starting the day after the order.
The availability of the products offered by MUSKERS CLIMBING SL may vary depending on customer demand. Although MUSKERS CLIMBING SL updates the stock periodically, the product requested by the customer could be out of stock at that time. In case of non-execution due to unavailability, MUSKERS CLIMBING SL will notify the client, by means of an email, at the moment it becomes aware of this situation. The period of this communication will not exceed in any case the maximum term of 30 days. MUSKERS CLIMBING SL will be able to give the double option of: supplying the customer without a price increase, a product with similar characteristics or of superior quality, or except for justified and demonstrable reasons by MUSKERS CLIMBING SL within this same period, paying the amounts paid for the order. canceled.
RIGHT OF WITHDRAWAL, RETURNS AND CLAIMS
RIGHT OF WITHDRAWAL
The buyer will have a period of fourteen calendar days to withdraw, from the day the customer receives the product, without any penalty and without indicating the reasons.
The exercise of the right of withdrawal must be made by means of notification by telephone to MUSKERS CLIMBING SL, by sending an email to firstname.lastname@example.org, sending your letter to our postal address Plaza Anaitasuna nº1 5-a 20720, AZKOITIA (Gipuzkoa), or either through the withdrawal form.
According to the provisions of article 103 of Law 3/2014, of March 27, which modifies the consolidated text of the General Law for the Defense of consumers and Users, the supplies of services or goods made in accordance with the specifications of the consumer or clearly personalized, or that, by their nature, cannot be returned or may deteriorate or expire quickly, are exempt from withdrawal. See withdrawal form.
The customer must return or deliver the product to the address indicated by MUSKERS CLIMBING SL, without undue delay, and in any case within a maximum period of fourteen calendar days from the date on which the right of withdrawal from the contract is formalized. . The term will be understood to have been met if the customer returns the product before the end of the term.
In order for us to provide you with the return address, you must contact MUSKERS CLIMBING SL via email: email@example.com or by phone 615707650.
The customer will be responsible for the costs of returning the product.
The reimbursement of the amounts received by the client will be made using the same means of payment used by the client, as long as the contrary has not been arranged and the amount of said reimbursement will exclude shipping costs, if any.
MUSKERS CLIMBING SL may withhold the refund until the product has been received, reason for withdrawal, or until the customer provides proof of return, depending on which condition is met first.
RETURN OF THE DEFECTIVE PRODUCT.
In the event that the product is not in good condition and the causes attributable to it are not a consequence of the customer, the customer will have the right to return the product, informing MUSKERS CLIMBING SL of the reason for return through any of the means provided in these contracting conditions, and at no cost to the client. This return due to a defect or poor condition of the product will not be considered a right of withdrawal.
MUSKERS CLIMBING SL undertakes to assume the cost of the return and to replace the product with a new one in accordance with the conditions accepted at the time of sale.
If the client wishes to file a claim, the MUSKERS CLIMBING SL establishment is located at Plaza Anaitasuna nº1 5-a, 20720 AZKOITIA (Gipuzkoa) or via email firstname.lastname@example.org
Likewise, MUSKERS CLIMBING SL reserves the right to present civil or criminal actions that it deems appropriate for the improper use of its website and content or for the breach of these conditions.
The relationship between the user and the provider will be governed by the regulations in force and applicable in Spanish territory. If any controversy arises, the parties may submit their conflicts to arbitration or go to the ordinary jurisdiction, complying with the rules on jurisdiction and competence in this regard. MUSKERS CLIMBING SL is domiciled in Gipuzkoa, Spain.