1. Introduction
This document contains the conditions governing the website as well as the owner of the same when interacting with the user and their data, as well as in its operation, or sales process, or return policy or user rights.
The celebrated sales are distance sales regulated by the Spanish legislation in force on the matter.
The use of this site constitutes consent to these conditions by which the user is bound by them, so please, if you do not agree with the Terms and Conditions detailed below, do not use this website. These conditions may be modified and it is your responsibility to read them and be aware of them at the time of their validity, as they will be the ones that are applicable and not others that have been modified.
These general conditions of sale are accessible at all times from the website and shall prevail over any other document with which they contradict, without prejudice to the provisions of current legislation.
2. Data of the owner
This website operates under the ownership of the company PRAXIS INVESMENTS, registered office C/ Miguel de Unamuno 1 Esc 2, 8A 12003 Castellón.
3. Personal data and visits to this website
The information or personal data you provide about yourself will be treated in accordance with the provisions of the Privacy Policy. By using this website you consent to the processing of such information and data and declare that all information or data you provide are truthful and correspond to reality.
The personal data, as well as the information you provide us will be treated in accordance with the provisions of the Privacy Policy, and current legislation. Similarly, the use of this website constitutes consent to such information and data are treated, and you represent that such data and information will be truthful, and that corresponds to reality and in no case be false and used for fraudulent purposes.
4. Use of the website
By using this website and/or placing orders through this website you agree to:
- To make use of this website only to make legally valid inquiries or orders.
- Not to place any false or fraudulent orders. If we reasonably believe that such an order has been placed, we will be entitled to cancel it and inform the relevant authorities.
- To provide your email address, postal address and/or other contact details truthfully and accurately. You also agree that we may use this information to contact you. It will also be necessary for you to provide us with all necessary information or we will not be able to fulfill your order.
- By placing an order through this website, you represent that you are over 18 years of age and have the legal capacity to enter into contracts.
5. User
To place an order, it is necessary that the user, previously or during the order, register as a customer, for which he/she will be taken to a page to fill in all the necessary information to open an account if it is the first order, or to identify him/herself if he/she already has an account.
The information required to open an account is: first name, last name, billing address, phone number, e-mail address, user name and password.
6. Geographic Scope
The products and services that may be offered through our website are only available for purchase and shipment in national and international territory, without prejudice to the provisions of the seventh clause of these conditions.
7. Conclusion of the contract
The contract is understood to be perfected when you enter your data on the web to make the purchase of the product and proceed to payment.
For the order to be effective, you must follow the procedure indicated on the website, and once you have selected the product, click on "add to cart". When you finalize your order you must click on "finalize purchase", which will direct you to the collection of data for billing and shipping, and thus get your order to be effective. Then you will receive an email with the receipt and confirmation of your order.
Only those products listed in the Shipping Confirmation will be subject to the Contract.
Methods of Payment
- a) Credit or debit card
Credit Card You can pay with your VISA, VISA ELECTRON, Maestro and Master Card. We guarantee that every transaction is 100% secure. All transactions involving the transmission of personal or banking data are carried out using a secure environment (payment gateways). The store uses a server based on the standard security technology SSL (Secure Socked Layer). All the information you transmit to us travels encrypted through the network. Likewise, your credit card information is not recorded in any database, but goes directly to the POS (Point of Sale Terminal of the Bank). When paying by card you will always be asked for the following data: Name of the cardholder, the card number, the expiration date, and a Validation Code that matches the last 3 digits of the number printed in italics on the back of your card, thus offering more guarantees about the security of the transaction.
- b) Bank transfer or deposit
Bank transfer or deposit When selecting bank transfer as payment method, in the last step of the purchase you will receive confirmation of your order by means of an e-mail "Confirmation of receipt of your order XXXX", where you will be indicated the account numbers in which to make the bank transfer or deposit. You must indicate in the subject of the email "order nº xxxx", as well as your name and surname, and make the transfer within 7 working days from the day you placed the order in order to validate it. The order will not be considered effective until it is effectively confirmed by our bank that the deposit or transfer has been made. If after 7 working days the payment is not received, the order will be cancelled (DENIED). Do not forget that you must make the payment in EUROS and that all possible exchange and bank commissions are your responsibility when you choose this payment system.
- c) Paypal
See Paypal conditions
8. Availability of products
Orders for the various items and products on our website are subject to availability. Therefore, if there are no products available for supply in stock, we reserve the right to provide you with information on products of similar or higher quality and value to the one you have ordered and which are available for you to purchase. If you do not wish any of the alternative orders we offer you, you will be refunded any amount you have paid.
Following Article 111 of Substitution of the good or service contracted at a distance of the General Law User Defense and Consumers, in the event that the order is not in stock, the owner of the website may deliver without price increase a product of similar or superior characteristics. That said, if the consumer does not agree to replace the order with another in such conditions, he will have the right of withdrawal and termination of the contract under the same conditions as if it were the order initially requested and which was not available.
DELAYS
In the event of unjustified delays on the part of the owner of the website with respect to the refund of the sums paid by the consumer in case of withdrawal or termination, the consumer may claim double the amount owed, in accordance with Article 110 of the General Law for the Protection of Consumers and Users.
9. Refusal to process an order
We reserve the right to withdraw any product from this website at any time and to remove or modify any material or content of the same unless the purchase has already been made. Although we will do our best to always process all orders, there may be exceptional circumstances that require us to refuse to process an order after we have sent the Order Confirmation.
The owner of the website reserves the right to modify or delete at any time, any material, product or content except in the event that the purchase had already been made. However, and although every effort will be made to process all purchases and deliveries, there may be exceptional circumstances that require to stop the processing of the good that has been purchased after having made the order confirmation.
10. Shipping methods and delivery time
Shipments and deliveries are made from Monday to Friday, except holidays. Shipments are made through the transport agency GLS. Shipping costs depend on the destination, as well as the delivery time:
Domestic shipping rates:
Zona A: Peninsula Tarifa: 4,95 € x pedido Transito: 24/48 horas
Zona B: Baleares Tarifa: 15,00 € x pedido Transito: 24/48 horas
Zona C: Canarias no hay servicio
Zona D: Ceuta y melilla no hay servicio
Tarifas de transporte internacional:
Zona A : Alemania, Francia y Monaco. Tarifa : 12,75 € x bulto. Transito : 2-3 dias dependiendo de la hora a la que se haga el pedido.
Zona B : Austria,Belgica,Italia,Luxemburgo,Paises Bajos,Reino Unido, (Gales,Escocia,Irlanda del Norte, Islas de Man 16,50 €). Tarifa : 13,50 € x bulto. Transito : 7-8 días dependiendo de la hora a la que se haga el pedido.
Zona C : Dinamarca(no incluye groenlandia), Eslovaquia, Eslovenia, Liechtenstein, Polonia, Republica Checa. Tarifa : 17,00 € x bulto. Transito : 7-8 dias dependiendo de la hora a la que se haga el pedido.
Zona D : Bulgaria,Croacia,Estonia,Finlandia,Grecia,Hungria,Irlanda,Letonia,Lituania,Rumania, Suecia. Tarifa : 23,00 € x bulto. Transito : 7-8 dias dependiendo de la hora a la que se haga el pedido.
Observaciones:
Para Córcega, no hay servicio.
Escocia, Gales, Irlanda del Norte, Islas del Canal e Islas de Man, añadir 3,00 € sobre su respectiva tarifa.
No incluye Groenlandia. Los días de transito son aproximados y dependen de la hora a la que se realiza el pedido y disponibilidad del producto.
11. Value Added Tax
In accordance with the provisions of article 68 of Law 37/1992, of 28 December, on Value Added Tax, the delivery of the articles shall be understood to be located in the territory of application of Spanish VAT. The applicable VAT rate will be the one legally in force at any given time depending on the specific article in question and as applicable according to the law of said tax.
The international sales not intra-community, the price of the products will be applied to the price without V.A.T., without prejudice that the buyer has to face customs tariffs of his country for products of the European Union at the time of picking up the order at the point of delivery that corresponds.
12. Impossibility of delivery
In the event of impossibility in the delivery of your order, having tried twice, it would have remained impossible its realization, this party may understand that you want to withdraw from the contract and we may terminate it. In case of termination and as a result of this, we will proceed to refund the price paid for the products that have been ordered and could not be delivered, as soon as possible or ranging from 3 to 14 days from receipt of the return.
13. Return/exchange policy
Right of Withdrawal
In accordance with Article 71 of the General Law for the Defense of Consumers and Users, the buyer will have a period of 14 calendar days to withdraw from the contract without having to justify it. To do so, he/she should contact us at the following e-mail address: tienda@e-mask.es
Consequences of Withdrawal
In the event that you exercise your right of withdrawal within the deadline, you will be refunded the payments paid, including shipping.
The refund of these amounts will be carried out using the same means of payment that you have used to make the initial purchase. The steps taken to carry out the refund will not involve any additional cost to you, however, we reserve the right to withhold the refund until such time as the goods you have received are returned to us or until we can prove that the refund has been effectively carried out.
You must return the goods to us by applying on our website for the return by courier, without undue delay and, in any event, within a maximum period of 14 calendar days from the date on which you inform us of your decision to withdraw from the contract. The deadline shall be deemed to have been met if you return the goods before the deadline has expired.
In the event that you do not return the goods via a courier made available to you and arranged by us, you will be responsible for the cost of returning the goods. Likewise, you will be responsible for any damage or diminished value of the goods that may have suffered from handling other than what is necessary for the nature of the good, its characteristics, its use or operation.
Contractual right of withdrawal. Exchanges and Returns.
You have 14 calendar days to exchange or return from the date of receipt thereof.
EXCHANGES WILL BE MADE BY RETURNING THE ITEM AND MAKING A NEW PURCHASE WHICH WILL BE COMPENSATED ACCORDING TO THE AMOUNT OF THE RETURNED ITEM.
The 1st exchange has no shipping costs. Please contact us by e-mail: tienda@e-mask.es indicating the details of the item you wish to return or exchange.
You will only be entitled to return with refund of the amounts paid only those products that are in the same condition in which they were when it was sent, so that no refund can be made in any way when the item to be returned has suffered any damage. Returns, in order to be made, must always be accompanied by the product, the purchase receipt that you have received at the time the item was delivered.
You can make the returns through a courier/courier that we will send to your home.
The return of your order will not entail any additional cost for you.
In the event that you do not wish to return the products via the free option available, you will be responsible for the cost of return. Please note that we will not accept freight collect returns.
Once the item has been examined, we will let you know if you are entitled to a refund of the claimed amounts. The reimbursement of transport costs will only be made when the right of withdrawal is exercised within the deadline and all the items that make up the order in question are returned. The reimbursement will be made as soon as possible and, in any case, within 14 days from the date you communicated your intention to withdraw. However, we may withhold reimbursement until we have received the goods, or until you have provided proof of return of the goods, whichever condition is met first. The refund will always be by the same means of payment you used for the purchase.
You must return the package perfectly sealed, we will not accept any return of any opened package, or damaged products. The refund of the amount of the product will be made through the card that made the payment once we receive the package at our home.
If you have any questions, you can contact us through our email tienda@e-mask.es or by calling 691689225.
14. Returns for non-conformity of the product with the contract
In the event that the item purchased, at the time of delivery, does not correspond to what was purchased at the time after making the purchase process online, you can contact the owner of the website through our email tienda@e-mask.es, putting in knowledge in the same email the discrepancy between the product received with the original purchase, or damage that this has at the time of delivery. You can also do so by calling 691689225.
You can return the product by delivering it to your home address to a courier that we will send.
We will proceed to carefully examine the returned product and we will inform you by e-mail, if it is possible to replace it with the chosen item, otherwise we will inform you according to what is detailed in the AVAILABILITY OF PRODUCTS Clause.
We will proceed to refund those amounts paid for items that are returned for damage or defects, when they exist and are not attributable to the buyer, including shipping costs and making the return in the same way in which the purchase took place.
15. Warranty and claim resolution
Warranty
In accordance with Royal Legislative Decree 1/2007 of November 16, 2007, goods of a durable nature are granted a legal guarantee of 2 years from the date on which the delivery becomes effective. The consumer and user must inform the seller of the lack of conformity within two months of becoming aware of it.
For any claim regarding changes, checks or returns, the proof of purchase must be presented, so we recommend that you keep it.
In the absence of proof to the contrary, the products shall be deemed to be in conformity with the contract provided that all of the following requirements are met:
- They conform to the description made by the seller and possess the same qualities that the seller has shown on the website to the consumer and user in the form of a sample or model.
- They are suitable for the uses to which the products of the same type are ordinarily destined.
- They present the usual quality and performance of a product of the same type that the consumer and user can expect, taking into consideration the nature of the product.
Damage and deficiencies caused by negligence and incorrect use shall be understood as not included.
In the event of incidents that justify the use of the warranty, you will opt for repair, replacement of the product, discount on future purchases for the amount of the damage, or refund, in the legally established terms.
In case you want to make use of the warranty, you should contact us by sending an email to the address tienda@e-mask.es or by calling 691689225.
16. Liability and disclaimer of liability
The owner's liability shall be limited to the purchase price of the items on our website, except as provided in these Terms and Conditions.
Notwithstanding the foregoing, our liability shall not be excluded or limited in any of these cases:
- In the event of death or personal injury caused by negligence of this party.
- In the event of fraud or misrepresentation.
- In any event where it would be illegal or unlawful for us to exclude, limit or attempt to exclude or limit our liability. Without prejudice to the foregoing paragraph and to the extent permitted by law, and except as otherwise provided in these Conditions, this party will not accept any liability for the following losses, however arising:
- loss of income or sales;
- loss of business;
- loss of profits or loss of contracts
- loss of anticipated savings;
- loss of data; and
- loss of management time or office hours.
Likewise, we do not assume responsibility, given the open nature of the website, for possible errors in the storage and transmission of digital information that may occur, nor can we guarantee the accuracy and security of the information transmitted or obtained through the website, unless otherwise stated therein. Thus, all products and their descriptions, information, and materials appearing on the website are given as true, and without warranties either express or implied thereon. Therefore, we will not be subject to any warranty, provided that the law allows it, except those that this does not allow legitimately exclude against consumers and users, not affecting therefore, this clause, the legal rights recognized to customers as consumers and users, or their right of withdrawal from the contract.
17. Intellectual Property
The content of this website is the property of Masia Rodriguez s.l , and is protected by Spanish and international legislation on intellectual property. Any partial or total reproduction is expressly forbidden and could constitute a civil and criminal offence. Masia Rodriguez s.l is the owner of all the intellectual property rights over the studies, designs, models and prototypes made to provide the service to the client that may appear in the web. The client is forbidden all reproduction and exploitation of the mentioned studies, designs, models and prototypes without previous, express and written authorization of Masia Rodriguez s.l, who will be able to condition such authorization to the obtaining of an economic compensation.
18. Links from our web page
The links to other web pages that our web page contains, are only put for information purposes, so that we do not have any control on the content of these web links. Therefore, we shall not be liable for any damage or loss arising from the use of such links.
19. Written Communications
Your use of our website constitutes your agreement that most of the communications or information we send you will be in writing, in accordance with applicable law. Communications from us to you or from us to you will be made by e-mail, as well as by notices on the web site. By accepting these terms and conditions, you agree to use such means for communications and acknowledge that all information, contracts or notices sent to you by email, will be in compliance with current legislation regarding the requirement that they be in writing, without prejudice to the provisions of other laws and without affecting the rights of consumers and users recognized by law.
20. Notifications
In accordance with the provisions of the preceding clause and unless otherwise stated, we may send communications either by e-mail or to the postal address you provided when you placed your order. Notifications will be deemed to have been made correctly when they are made to the postal or e-mail address that you have provided us or by registered letter with acknowledgement of receipt that has not been returned to us.
21. Assignment of rights and obligations
The contract, insofar as it is binding both on the customer and on us, our successors, assigns and assignees, may not be transferred, encumbered, assigned or otherwise transferred or any of the rights and obligations arising therefrom to or for the customer without our express consent. However, it may be conveyed, assigned, assigned, encumbered or subcontracted or otherwise transferred by us, in our favor or for us, at any time while the contract is in force. These transmissions, assignments or encumbrances shall not affect the rights that you may have as a consumer recognized by law or void, reduce or limit in any way the express or implied warranties that we may have given you.
22. Events beyond our control
This party shall not be liable for any delay or failure to perform any of our obligations under a contract which is caused by force majeure.
Force majeure shall include among its causes any act, event, default, omission or accident beyond our reasonable control and among others, the following:
- Strikes, lockouts or other industrial action.
- Civil commotion, riot, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war.
- Fire, explosion, storm, flood, flood, earthquake, subsidence, epidemic or any other natural disaster.
- Impossibility to use trains, ships, airplanes, motor transport or other means of transportation, public or private.
- Impossibility of using public or private telecommunications systems.
- Acts, decrees, legislation, regulations or restrictions of any government or public authority.
- Strike, failure or accidents of maritime or river transportation, postal or any other type of transportation.
In the cases and situations arising from force majeure, it shall be understood that the obligations of this party arising from the contracts shall be suspended while the situation of force majeure and its causes persist, thus having more time to fulfill our obligations with respect to what was agreed, at least equal to the duration of the situation of force majeure. In spite of this, we will use all reasonable means at our disposal to put an end to the force majeure situation and to be able to resume and satisfy our obligations to the customer as soon as possible.
23. Resignation
Pursuant to this clause, the customer accepts that our failure to require the performance of any or all of the obligations assumed by the customer in accordance with the provisions of a contract entered into by the customer, or of these conditions or our failure to exercise any rights or actions that may correspond to this party under the contract, these Conditions, or current legislation, shall in no case imply our tacit waiver or limitation of the exercise of the rights or actions whose exercise corresponds to us and to which we are entitled, nor exonerate the customer from complying with such obligations. Thus, no waiver by us of any particular right or remedy shall constitute a waiver thereof, nor shall it be effective unless it is expressly stated and formalized as a waiver and such waiver is communicated to you in writing and in accordance with clauses 21 and 22 of these Conditions relating to notices.
24. Partial invalidity
If any of these Conditions or any provision of a Contract is declared null and void by a final decision of a competent authority, the remaining terms and conditions shall remain in full force and effect and shall not be affected by such declaration of nullity.
25. Entire Agreement
These Terms and Conditions, as well as any document which expressly refers to them, are binding on the customer as well as on this party and prevail over any prior covenants or agreements or promises made between this party and the customer, whether in writing or orally. We and the contracting party hereby declare that we have thereby consented to the conclusion of the contract without relying on any statement or promise made by the parties or which could be inferred from any statement or writing during the negotiation process in which the parties were involved prior to agreeing to the contract, except as expressly provided in these Conditions. Neither party shall have any remedy in respect of any untrue statement made by the other party, made orally or in writing, prior to the contract, except where such untrue statement was made fraudulently. The other party shall only have a remedy for breach of contract as set forth in these Terms and Conditions.
26. Our right to modify these terms and conditions
This party reserves the right to modify and revise these Terms and Conditions at any time. You will be bound by the Terms and Conditions then in effect at the time a contract is made, unless we are required by law or governmental agencies to retroactively apply changes to those Terms and Conditions. Changes to the Conditions or the Privacy Policy will also affect orders that have already been placed or are in progress.
27. Litigation
The customer is informed that any controversy or dispute to which this contract may give rise may be resolved in the Spanish Courts and Tribunals corresponding to the consumer's domicile.
28. Applicable Law
The applicable legislation will be that in force in Spain or, failing that, in the European Union. 29. Contact You can contact us from the CONTACT section Find out about our latest news and special offers.