Terms and conditions

1. GENERAL INFORMATION

The ownership of this website iotextil.com (hereinafter the Website) is the responsibility of: IO Morales Sanchez, with NIF: 44849587R, and whose contact details are:

  • Address: Paseo da Quinta, 55 – 15706 · Santiago de Compostela – Spain.
  • Contact phone: (+34) 646 664 070
  • Contact email: iomoralesanchez@gmail.com

This document (as well as other documents mentioned here) regulate the conditions that govern the use of this Website (iotextil.com) and the purchase or acquisition of products and/or services on it (hereinafter, Conditions). For the purposes of these Conditions, it is understood that the activity carried out by iotextil.com through the Website includes: In addition to reading these Conditions, before accessing, browsing and/or using this website, the User must have read the Legal Notice and the General Conditions of Use, including the cookie policy, and the privacy and data protection of iotextil.com. By using this Website or making and/or requesting the purchase of a product and/or service through it, the User undertakes to be bound by these Conditions and by everything above, so if you do not agree with everything, you should not use this website. Likewise, it is reported that these Conditions could be modified. The User is responsible for consulting them each time he accesses, navigates and/or uses the Website, since those in force at the time the purchase of products and/or services is requested. For all the doubts that the User may have in relation to the Conditions, he can contact the owner using the contact information indicated above or, where appropriate, using the contact form.

2. THE USER

The access, navigation and use of the Website confers the status of User (from now on, individually as User or jointly as Users), so, from the moment you start browsing the Website, all the Conditions here established, as well as its subsequent modifications, without prejudice to the application of the corresponding mandatory legal norms in your case. The User assumes responsibility for the correct use of the Website. This liability shall extend to: Use this website only for legally valid inquiries and purchases or acquisitions. Do not make any fake or fraudulent purchases. If a purchase of this nature could reasonably be considered to have been made, it could be canceled and reported to the appropriate authorities. Provide truthful and lawful contact information, for example, email address, postal address and/or other information (see Legal Notice and General Terms of Use). The User declares to be over 18 years of age and to have the legal capacity to enter into contracts through this Website. The Website is mainly aimed at Users residing in Spain. iotextil.com does not guarantee that the Website complies with the laws of other countries, neither in whole nor in part. iotextil.com disclaims any responsibility that may arise from said access, nor does it guarantee shipments or services outside of Spain. The User may formalize, at his choice, with iotextil.com the contract for the purchase of the desired products and/or services in any of the languages ​​​​in which these Conditions are available on this Website.

3. PURCHASE OR ACQUISITION PROCESS

Duly registered Users can buy on the Website using the established means and forms. They must follow the online purchase and/or acquisition procedure of iotextil.com.es, during which several products and/or services can be selected and added to the cart, basket or final purchase space and, finally, click on: to pay” Likewise, the User must fill in and/or verify the information requested at each step, although, during the purchase process, before making the payment, the purchase data may be modified. The User will then receive an email confirming that iotextil.com has received your order or request to purchase and/or provide the service, ie the order confirmation. And, if applicable, you’ll also be notified by email when your purchase ships. Where applicable, this information may also be made available to the User through their personal connection space to the Website. Once the purchase procedure has been completed, the User gives his consent for the Website to generate an electronic invoice that will be sent to the User by email and, where appropriate, through his personal connection space to the Website. Likewise, the User may, if he so wishes, obtain a copy of his paper invoice, request by sending it to iotextil.com using the contact spaces on the Website or through the contact information indicated above. The User acknowledges having knowledge, at the time of purchase, of certain particular conditions of sale that affect the product and/or service in question and that appear next to the presentation or, where appropriate, its image on its page. the Website, indicating, by way of example, but not exhaustively, and attending to each case: name, price, components, weight, quantity, color, details of the products, or characteristics, the way in which they will be carried out and /or the cost of services; and acknowledges that the execution of the purchase or acquisition order materializes the full and complete acceptance of the particular conditions of sale applicable to each case. The communications, purchase orders and payments that take place during the transactions carried out on the Website could be archived and kept in the computerized records of iotextil.com in order to constitute a means of proof of the transactions, respecting in any case reasonable security conditions . and the laws and regulations in force that are applicable in this regard, and in particular in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of individuals with regard to the treatment of personal data and the free movement of such data (RGPD) and Organic Law 3/2018, of December 5, on the Protection of Personal Data and the guarantee of digital rights, and the rights that serve Users in accordance with the privacy policy of this website.

4. AVAILABILITY

All purchase orders received by iotextil.com through the Website are subject to the availability of the products and/or that no circumstance or cause of force majeure (clause nine of these Conditions) affects their supply and/or the provision of services. In the event that there are difficulties in the supply of products or that no product remains in stock, iotextil.com undertakes to contact the User and return any amount that may have been paid in terms of quantity. This will also be applicable in cases where the provision of a service becomes impossible.

5. PRICES AND PAYMENT

The prices that appear on the Website are the final prices, in euros (€) and include taxes, unless due to legal requirements, especially regarding VAT, a different matter is indicated and applied. Shipping costs are included in the final product prices as shown on the website. In no case will the Website add additional costs to the price of a product or service automatically, but only those that the User has chosen and chose voluntarily and freely. Prices may change at any time, but possible changes will not affect orders or purchases for which the User has already received an order confirmation. The accepted means of payment will be:

  • Credit or debit card.
  • Paypal.
  • Stripe.

The Website uses all means to ensure the confidentiality and security of payment data transmitted by the User during transactions through the Website. As such, the website uses a Secure Socket Layer (SSL) secure payment system. Credit cards will be subject to checks and authorizations by the issuing banking entity, if said entity does not authorize the payment, iotextil.com will not be responsible for any delay or lack of delivery and will not be able to formalize any contract with the credit card. User Once iotextil.com receives the User’s purchase order through the Website, a pre-authorization will be performed on the corresponding card to ensure that there are sufficient funds to complete the transaction. The charge on the card will be made at the time when the confirmation of the shipment and/or the confirmation of the service provided is sent to the User in the form and, if applicable, in the place established. In any case, by clicking on “Pay” the User confirms that the payment method used.

6. SHIPMENTS

In cases where the physical delivery of the contracted good is appropriate, deliveries will be made within the following territory: Spain (Peninsula), The delivery period will begin to count from the moment payment for the order is received. Each product has its own stated delivery time. For personalized and/or custom-made products, these conditions may vary. In the event that the established delivery deadlines cannot be met, either due to workload or for reasons unrelated to the workshop, the customer will be notified through any of the contact channels that he has established.ortado. Except in those cases in which unforeseen or extraordinary circumstances occur or, as the case may be, arising from the customization of the products, the purchase order consisting of the products listed in each purchase confirmation will be delivered within the period indicated on the Website according to the shipping method selected by the User and, in any case, within a maximum period of 30 calendar days from the date of confirmation of the order. If for any reason attributable to it, iotextil.com could not meet the delivery date, it will contact the User to inform him of this circumstance and he may choose to proceed with the purchase by establishing a new delivery date or cancel the order. with a full refund of the price paid. In any case, home deliveries are made on working days. If, due to the User’s absence, it is impossible to deliver the order, the order may be returned to the workshop. However, the carrier would leave a notice explaining where the order is and how to get it delivered again. If the User is not going to be at the place of delivery in the agreed time slot, he must contact iotextil.com to arrange delivery on another day. In the event that 30 days have passed since your order is available for delivery, and it has not been delivered for reasons not attributable to iotextil.com, it will be understood that the User wishes to withdraw from the contract and it will be understood as terminated. As a result of the termination of the contract, all payments received from the User will be returned, with the exception of shipping costs, without undue delay and, in any case, within a maximum period of 14 calendar days from the date they were received . contract However, this will only be possible if it is not a customized product, as it does not support returns. The User must take into account that the transport derived from the resolution may have an additional cost. For the purposes of these Conditions, it will be understood that the delivery took place or that the order was delivered at the time when the User or a third party indicated by the User acquires material possession of the products, which will be credited. by signing the order receipt at the agreed delivery address. The risks that may arise from the products will be borne by the User from the moment of delivery. The User acquires ownership of the products when iotextil.com receives full payment of all amounts due in relation to the purchase or acquisition made, including shipping costs, or at the time of delivery, if it occurs at a time after full receipt of the amount paid by iotextil.com. In accordance with the provisions of Law 37/1992, of December 28, on Value Added Tax (VAT), purchase orders for delivery and/or provision will be deemed to be located in the territory of application of Spanish VAT if the address of delivery is in Spanish territory except the Canary Islands, Ceuta and Melilla. The type of VAT applicable will be the one legally in force at any given time based on the specific concept in question.

7. TECHNICAL MEANS TO CORRECT ERRORS

The User is informed that if he detects that an error has occurred when entering the data necessary to process his purchase request on the Website, he may modify them by contacting iotextil.com through the contact information spaces enabled on the Website, and, if applicable , through those authorized to contact the customer service, and/or using the contact details provided for in the first clause (General Information). Also, this information can also be corrected by the User through their personal connection space to the Website. In any case, the User, before clicking on “View cart”, has access to the space, cart or basket where their purchase requests are registered and can make modifications. In the same way, the User is referred to consult the Legal Notice and the General Conditions of Use and, specifically, the Privacy Policy to obtain more information on how to exercise their right of rectification as established in Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of natural persons with regard to the processing of personal data and the free circulation of such data (RGPD) and in Organic Law 3/2018, of December 5, on the protection of personal data. and guarantee of digital rights.

8. CHANGES AND RETURNS

In cases where the User purchases products on or through the owner’s Website, he is assisted by a series of rights, as indicated and described below:

Right of withdrawal

The User, as a consumer and user, makes a purchase on the Website and, therefore, has the right to cancel said purchase within 14 calendar days without the need for justification. This withdrawal period will expire 14 calendar days from the day on which the User or a third party authorized by the User, other than the carrier, acquires physical possession of the goods purchased on the iotextil.com website or in the event that the goods that those that make up your order are delivered separately, within 14 calendar days from the day on which the User or a third party authorized by him, other than the carrier, acquires physical possession of the last of those goods that made up the same purchase order , or in the case of a service contract, 14 calendar days from the day the contract was concluded. To exercise this right of withdrawal, the User must notify iotextil.com of their decision. You can do this, where appropriate, through the contact spaces enabled on the Website. The User, regardless of the medium he chooses to communicate his decision, must state clearly and unequivocally that he intends to withdraw from the sales contract. In order to comply with the withdrawal period, it is enough that the communication that expresses the decision to withdraw unequivocally is sent before the expiration of the corresponding period. In case of withdrawal, iotextil.com will reimburse the User for all payments received, not including shipping costs, without undue delay and, in any case, within a maximum period of 14 calendar days counted from the date on which iotextil.com is informed of the withdrawal decision by the User. iotextil.com will refund the User using the same payment method used by the User to make the initial purchase transaction. This refund will not generate any additional costs for the User. However, iotextil.com may withhold said refund until the products or articles of purchase are received, or until the User presents proof of their return, according to the condition that is met first. The User can return or send the products to iotextil.com by contacting via email info@iotextil.com. And it must do so without undue delay and, in any case, within a maximum period of 14 calendar days counted from the date on which iotextil.com was informed of the decision to withdraw. The User acknowledges that he must bear the direct cost of return (transportation, delivery) of the goods, should this occur. It will also be responsible for the decrease in value of the products resulting from manipulations other than those necessary to establish the nature, characteristics and functioning of the goods. The User acknowledges that there are exceptions to the right of withdrawal, as contained in article 103 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 ones . laws By way of example, and not exhaustively, it would be the case of: personalized products and products that can deteriorate. In any case, the product will not be returned if the product has been used beyond its mere opening, or products that are not in the same state in which they were delivered or that suffered any damage after delivery. Io Morales will be responsible for manufacturing defects, not for defects in use. Likewise, products must be returned using or including all their original packaging, instructions and other accompanying documents, in addition to a copy of the purchase invoice.

Return of defective products or shipping error

These are all those cases in which the User considers that, at the time of delivery, the product does not conform to what is established in the contract or purchase order, so he must immediately contact iotextil.com and inform him. the existing disagreement (defect/error) by the same means or using the contact details indicated in the previous section (Right of Withdrawal). Next, the User will be informed about how to proceed with the return of the products, and these, once returned, will be examined and the User will be informed, within a reasonable period, of the return or, where appropriate, of the replacement thereof. the same is appropriate.. The refund or replacement of the product will be made as soon as possible and, in any case, within 14 days from the date on which we send you an email confirming the origin of the refund or replacement of the item not according to The amount paid for those products that are returned due to a defect, when it really exists, will be returned in its entirety, including the shipping costs and the costs that the User may incur to make the return. The refund will be made by the same means of payment that the User used to pay for the purchase. In any case, the rights recognized in current legislation will always apply to the User, as a consumer and user.

Guarantee

All products are carefully checked before shipping. The User, as a consumer and user, enjoys guarantees on the products that he can acquire through this Website, in the terms legally established for each type of product, iotextil.com therefore responding to the lack of conformity of the same that manifests itself within two years from the delivery of the product.

9. DISCLAIMER OF LIABILITY

Unless otherwise provided by law, iotextil.com will not accept any liability for the following losses, regardless of their origin:

  • any loss that was not attributable to any breach by you;
  • business losses (including loss of profits, revenue, contracts, anticipated savings, data, loss of goodwill or unnecessary expenses incurred);
  • any other indirect loss that was not reasonably foreseeable by both parties at the time of formalizing the contract for the sale of the products between both parties.

Similarly, iotextil.com also limits its liability in the following cases:

  • iotextil.com applies all the measures related to offering a faithful display of the product on the Website, however it is not responsible for the smallest differences or inaccuracies that may exist due to a lack of screen resolution, or problems with the browser used. this nature
  • iotextil.com will act with the utmost diligence to make the product subject to the purchase order available to the company in charge of transport. However, it is not responsible for damages resulting from a malfunction of the transport, especially for causes such as strikes, road closures, and in general any other typical of the sector, resulting from delays, loss or theft of the product.
  • Technical failures that, due to accidental or other causes, prevent the normal operation of the service via the Internet. Lack of availability of the Website due to maintenance or other reasons, which prevents the availability of the service. iotextil.com puts all the means at its disposal to carry out the process of purchase, payment and shipment/delivery of the products, however it is exempt from responsibility for causes not attributable to it, fortuitous event or force majeure.
  • iotextil.com will not be responsible for the misuse and/or wear and tear of the products used by the User. At the same time, iotextil.com will not be responsible for an erroneous return made by the User. It is the User’s responsibility to return the correct product.
  • In general, iotextil.com will not be responsible for any breach or delay in fulfilling any of the obligations assumed, when it is due to events beyond its reasonable control, that is, due to force majeure. include, by way of example but not exhaustively:
    • Strikes, lockouts or other industrial action.
    • Civil commotion, riot, invasion, threat or terrorist attack, war (whether or not declared) or threat or preparation for war.
    • Fire, explosion, storm, flood, earthquake, sinking, epidemic or any other natural disaster.
    • Impossibility to use trains, ships, planes, motor transport or other means of transport, public or private.
    • Inability to use public or private telecommunications systems.
    • Acts, decrees, legislation, regulations or restrictions of any government or public authority.

In this way, the obligations will be suspended during the period in which the cause of force majeure continues, and iotextil.com will have an extension of time to fulfill them for a period of time equal to the duration of the cause of force majeure. iotextil.com will use all reasonable means to find a solution that will allow it to fulfill its obligations despite the case of force majeure.

10. COMMUNICATIONS AND WRITTEN NOTICES

By using this Website, the User agrees that most communications with iotextil.com are electronic (email or notices posted on the Website). For contractual purposes, the User undertakes to use this electronic means of communication and acknowledges that all contracts, notifications, information and other communications that iotextil.com sends electronically meet the legal requirements of being in writing. This condition will not affect the rights recognized by law to the User. The User may send notifications and/or communicate with iotextil.com through the contact details provided in these Conditions and, where appropriate, through the contact areas of the Website. Likewise, unless otherwise stipulated, iotextil.com may contact and/or notify the User via email or at the indicated postal address.

11. WAIVER

It will not imply the waiver by iotextil.com of any specific legal right or action nor the lack of demand by iotextil.com of strict compliance by the User with any of its obligations, nor will it imply the waiver of other rights or actions derived from a contract or the Conditions, nor will it exempt the User from fulfilling his obligations. No waiver by iotextil.com of any of these Conditions or the rights or actions derived from a contract will have effect, unless it is expressly established that it is a waiver and formalized and communicated to the User in writing.

12. NULLITY

If any of these Terms and Conditions were declared null and void by a final decision issued by a competent authority, the rest of the clauses will remain in force, without being affected by said declaration of nullity.

13. COMPLETENESS OF THE AGREEMENT

These Conditions and any document expressly referred to herein constitute the entire existing agreement between the User and iotextil.com in relation to the object of sale and supersede any other prior agreement, agreement or commitment agreed verbally or in writing by the same. parties The User and iotextil.com acknowledge having consented to the conclusion of a contract without relying on any statement or promise made by the other party, except as expressly mentioned in these Conditions.

14. DATA PROTECTION

The information or personal data that the User provides to iotextil.com in the course of a transaction on the Website, will be treated in accordance with the provisions of the Privacy Policy or data protection (contained, as the case may be, in the Legal Notice or Notice and General Conditions of Use). By accessing, navigating and/or using the Website, the User consents to the processing of said information and data and declares that all the information or data provided is true.

15. APPLICABLE LAW AND JURISDICTION

Access, navigation and/or use of this Website and contracts for the purchase of products through it are governed by Spanish legislation. Any controversy, problem or disagreement that arises or is related to the access, navigation and/or use of the website, or the interpretation and execution of these Conditions, or with the sales contracts between iotextil.com and the User, will be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals.

16. COMPLAINTS AND CLAIMS

The User can send their complaints, claims or any other comments they wish to make to iotextil.com through the contact information provided at the beginning of these Conditions (General Information). In addition, iotextil.com has official complaint forms available to consumers and users, which they can request from iotextil.com at any time, using the contact details provided at the beginning of these Conditions (General Information). Likewise, in the event that a dispute arises between iotextil.com and the User during the conclusion of this sales contract, the User as a consumer may request the extrajudicial resolution of disputes, in accordance with Regulation (EU) 524/2013 of the European Union. Parliament and of the Council, of 21 May 2013, on the resolution of online conflicts in matters of consumption and which amends Regulation (EC) 2006/2004 and Directive 2009/22/EC. You can access this method via the following website: https://ec.europa.eu/consumers/odr/ .