1. Identity of the contracting parties
On one side:
The supplier of the products and responsible for the website www.moxzones.com is the company Moxzones SL (Hereinafter “the Company”), with CIF: B88633094, and domicile at CALLE SAN JUAN DE LA CRUZ 3, 28110, ALGETE, MADRID; Contact phone + 34916293601, and email address: firstname.lastname@example.org
And on the other side:
The Client registered on the website through a username and password, over which he has full responsibility for use and custody, and is responsible for the veracity of the personal data provided.
This document contains the General Contracting Conditions (hereinafter “the Conditions”) that regulate the contractual relationship signed between the Company and the Client due to the transactions carried out through the website (hereinafter “the Virtual Store”).
2. Applicable regulations
These Conditions have been drafted in compliance with the Spanish regulations applicable to Electronic Procurement: Law 7/1996, of January 15, on Retail Trade Management; Royal Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users; Law 7/1998, of April 13, on General Contracting Conditions; and Law 34/2002 of July 11, on Services of the Information Society and Electronic Commerce.
The purpose of these Conditions is to regulate the set of commercial transactions that arise between the Company and the Clients. The contractual relationship of sale and purchase involves the delivery, in exchange for a certain price and publicly exposed through the website, of a specific product or service. The acquisition of any of the products through the Virtual Store implies acceptance as a Client, without reservations of any kind, of each and every one of the terms and conditions described.
4. Accomplishment of the contractual relationship
In accordance with the provisions of the applicable regulations, the contractual relationship will be understood to be accomplished from the moment in which, once the Conditions have been read and accepted, the Client clicks on the button “FINALIZE PURCHASE”.
The language proposed for the improvement of the contractual relationship is “Spanish”, even though the Website can be translated into multiple languages. Specifically, the conditions and legal and privacy notices may also be consulted in English and German.
6. Products marketed
Through the Virtual Store the Company offers its Clients the possibility of acquiring any of the electronic products or applications available on the website, depending on their interests, needs or preferences.
Within each category the Client will be able to find a brief description and photograph of the products available, so that he can make an appropriate decision when making his purchase. If the client has doubts or wishes to obtain more information about a certain product, he can contact the Company to answer any questions before making his purchase.
The Virtual Store is intended for the sale of products to people over 14 years of age. The Company may request Clients to prove the age of majority before proceeding with the shipment for security reasons.
8. Placing the Order.
In order to make an order or purchase through our Virtual Store, it is necessary to register as a user, filling in the corresponding electronic form and following the instructions indicated therein. Once the registration has been made, and to proceed with the purchase, the Client must add the product that he wishes to purchase to the basket, completing for this purpose the order form supplied and validating it in order to complete the purchase process.
The Client will select a username and password, undertaking to make diligent use of them and not to make them available to third parties, as well as to communicate to the Company the loss or theft of them or of possible access by a third party and authorize the Company to proceed to their immediate blocking.
The Cart is a budget simulation and any product from our catalog can be added to the cart. In it, only the articles, the quantity, the price and the total amount will be observed. Once the basket has been saved, the taxes, charges and discounts will be calculated according to the payment and shipping data entered. The baskets do not have any administrative link, it is only a section where a budget can be simulated without any commitment on both sides.
In a maximum of 24 hours, on working days, an email will be sent to the Customer confirming the status of the order and the approximate shipping date.
The validation of the order by the Client expressly implies the knowledge and acceptance of these Conditions as part of the conclusion of the Contract. Unless proven otherwise, these Conditions constitute proof of the set of transactions carried out between the Company and its Clients, so the latter must provide real, updated and valid information for the formalization of this contractual relationship.
The Company will file the electronic document through which the contractual relationship is formalized, and recommends that the Client also keep it, since it constitutes the fundamental element of proof of the terms and conditions agreed upon when making the purchase.
9. Delivery times
The products purchased by the Client through our Virtual Store will be delivered to the shipping address that the Client has provided us in the order.
If the product selected by the Client is in stock, the approximate delivery time will depend on the destination and will be counted in business days, as described below:
Country and type of shipping Spain (Peninsula and Balearic Islands) and Portugal Canary Islands
Standard service 48h-72h 72h-96h
Urgent service 24h 24h
The delivery dates or deadlines will be understood as approximate, and the delay does not constitute essential non-compliance. The Company will not assume any responsibility when the delivery of the product or service does not take place, as the data provided by the Client is false, inaccurate or incomplete. Delivery shall be deemed to have been made at the time the carrier has made the products available to the Client and the latter, or his delegate, has signed the delivery receipt document. It is the responsibility of the Customer to verify the products upon receipt and expose all the qualifications and claims that may be justified in the delivery receipt document.
In some cases, even when our actions are diligent, external factors beyond our control may intervene (unforeseen circumstances or force majeure) that could delay delivery processes. Therefore, the delay in delivery with respect to the periods indicated for reasons of force majeure or fortuitous event, or for any reason not attributable to the Company, will not grant the Client the right to demand any compensation, unless the delay is due to irrefutable non-compliance. of the obligations provided for in these Conditions by the Company.
The shipping methods will be the following as indicated by the Client in the purchase process:
Delivery to indicated address by the Client.
11. Availability of Products
The products visible in the Virtual Store will be available for purchase. When the purchased product is not in stock, “Pending Stock” will be indicated. If Customer makes a purchase of a product “pending Stock”, the Customer will be informed by email about this circumstance, indicating that the delivery period may be extended with respect to the standard deadline indicated in section 7.
All the products offered through our Virtual Store have their prices marked in euros. The prices and offers shown in the Virtual Store are valid for making purchases online, and may not coincide with the prices and offers marked in other physical commercial establishments.
Prices, unless expressly stated otherwise, do not include shipping, handling, wrapping, shipping insurance or any other additional services and annexes to the product or service purchased. The prices applicable to each product are those published on the website and will be expressed in the EURO currency.
The Client assumes that the economic valuation of some of the products may vary in real time. Before making the purchase you can check online all the details of the budget: items, quantities, price, availability, transport costs, charges, discounts, taxes and the total purchase. Prices can change daily while the order is not made. Once the order is placed, the prices will be maintained whether there is product availability or not.
Any payment made involves the issuance of an invoice in the name of the Registered Client or the company name that he has informed at the time of placing the order. This invoice will be sent together with the purchased product, as well as in PDF to the email address provided by the Client.
The shipping costs will be shown in each case to the Customer before the purchase process ends.
The management costs are included in the price indicated in each product.
13. Payment method
The Company proposes various means of payment so that the Client can choose the one that best suits their needs:
1. Payment by Credit / Debit Card
2. Payment through PayPal system
14. Taxes and fees
The prices shown include VAT / IGIC, on the other hand, the prices aimed at distributors will have the VAT / IGIC broken down. In any case, before finalizing the purchase, customers, whether or not they are distributors, will be able to see the breakdown of the price, and the total to be paid.
15. Right of withdrawal and returns
The customer has a period of fourteen calendar days, counted from the date of receipt of the product, for the return of this (article 71 of Law 3/2014 of March 27). Unless the return is made due to defects in the product, the shipping costs will be borne by the Customer. The product must be returned in its original packaging and in perfect condition for the return to be accepted by the company.
The right of withdrawal cannot be applied in the following cases:
If the product is not presented in perfect condition.
If the product packaging is not the original or these are not in perfect condition. The original packaging must protect the product so that it is received in perfect condition, and the use of seals and adhesive tapes applied directly to it is prohibited.
When the product is open without being able to demonstrate that it has not been used.
When they are personalized products or those that, for hygiene reasons or other legally established exceptions, are not subject to this right.
All returns must be communicated to the Company, requesting a return number by email to email@example.com, indicating the invoice or order number. Once the Client has received the RMA number, he will send the product to the Company, indicating this number in the shipping letter, with the transport costs at his expense, at the Company’s address.
When it comes to returns for being a defective product, the customer may request an exchange for another product, or withdraw from the purchase. In case of defects, the company will assume the shipping costs of the return.
In the event of a refund, it will be made in the original form of payment. Refunds will be processed between 7 to 10 business days after receipt of the returned product.
All the products offered through the website are completely original. All have a two-year guarantee period, in accordance with the criteria and conditions described in 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 laws.
The guarantee of the products offered will respond to the following articles based on Law 23/2003 of July 10, Guarantees of sale of consumer goods:
Compliance of products with the contract
Unless proof to the contrary, it will be understood that the products are in accordance with the contract as long as they fulfill all the requirements that are expressed below, except that due to the circumstances of the case some of them are not applicable:
They are conform to the description made by the Company
They are suitable for the uses to which the products of the same type are ordinarily destined.
They are suitable for any special use required by the client when he has made it known to the Company at the time of the conclusion of the contract, provided that the latter has admitted that the product is suitable for this use.
They present the usual quality and performance of a product of the same type that the customer can reasonably expect, taking into account the nature of the product and, where appropriate, the descriptions of the specific characteristics of the products made by the Company.
The Company describes the details, technical characteristics and photographs of the products provided by the manufacturer of these, so that it is not bound by these public statements.
The responsibility for non-conformity that the Client knows or could not have ignored at the time of the conclusion of the contract or that originate from materials supplied by the Client will not proceed.
Responsibility of the Company
The Company will respond to the Client for any lack of conformity that exists at the time of delivery of the product. The Company recognizes the Customer the right to repair the product, to replace it, to lower the price and to terminate the contract when appropriate.
Repair and replacement of products
If the product is not in accordance with the contract, the Customer may choose to demand its repair or replacement, unless one of these options is impossible or disproportionate.
Any form of sanitation that imposes on the Company disproportionate costs that, compared to the other form of sanitation, are not reasonable, taking into account the value that the product would have if there were no lack of conformity, the relevance of the lack of conformity and if the alternative form of sanitation could be carried out without major inconveniences for the Client, will be considered disproportionate.
Rules for the repair or replacement of the product in cases of non-conformity
Repair and replacement will conform to the following rules:
1. They will be free for the client. This gratuity will include the necessary expenses made to correct the lack of conformity of the products with the contract, especially the shipping costs, as well as the costs related to labor and materials.
2. They will be carried out in a reasonable time and without major inconveniences for the Client, taking into account the nature of the products and the purpose they have for the Client.
3. If the repair is completed and the product is delivered, it remains non-compliant with the contract, the Customer may demand its replacement, the price reduction or the termination of the contract.
4. If the substitution fails to bring the product into conformity with the contract, the Customer may demand its repair, or a price reduction or termination of the contract.
5. The Client may not demand the substitution in the case of non-expendable products or products with special characteristics or personalized details.
Any claim that the Client considers appropriate will be addressed as soon as possible, and can be made at the following contact addresses: firstname.lastname@example.org
18. Online Dispute Resolution
Pursuant to Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for online conflict resolution between the Client and the Company, without the need to resort to the courts of law, through the intervention of a third, called the Dispute Resolution Agency, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties to reach an agreement, being able to finally suggest and / or impose a solution to the conflict. The link to the ODR platform is provided below: http://ec.europa.eu/consumers/odr/
19. Force majeure
The parties will not incur responsibility for any fault due to a greater cause. The fulfillment of the obligation will be delayed until the cessation of the case of force majeure.
The Client may not assign, transfer or transmit the rights, responsibilities and obligations contracted in the sale. If any stipulation of these conditions is considered null or impossible, the validity, legality and compliance of the rest will not be affected in any way, nor will they be modified in any way. The USER declares to have read, know and accept these General Conditions in all their extension.
21. Overview of the Offer
All sales and deliveries made by the Client will be understood as subject to these General Conditions. No modification, alteration or agreement contrary to the Commercial Proposal or stipulated herein shall take effect, except an express written agreement signed by the Company, in this case, these particular agreements will prevail. Given the continuous technical advances and product improvements, the Company reserves the right to modify its specifications regarding the information provided on each product, without affecting the value of the products offered. These modifications will also be valid in the event that, for any reason, the possibility of supplying the products offered is affected.
The Company is committed to always acting loyally in good faith, with the aim of satisfying the Client’s needs at all times. However, the Company will be exempt from liability:
• When the characteristics and configurations of the operating systems or the screens of the Clients’ computers are different, older or incompatible with those of the Company, causing some of the services provided through the Virtual Store to be disabled, or that the appearance of the products purchased through the Virtual Store is distorted or altered.
• When, despite the security measures and the verification process implemented by the Company, the purchase is made by a child under 14 years of age.
• When there is an impossibility to provide services or deliver the products purchased through the Virtual Store, if it is due to prolonged interruptions in the electricity supply, telecommunications lines, social conflicts, strikes, rebellion, explosions, floods, acts and omissions of the Government , and in general all cases of force majeure or fortuitous event.
23. Duration and termination
The CONDITIONS that regulate the contractual relationship signed between the client and the Company when making a purchase, will apply to the purchase made and not to the successive purchases that the Client may make on the website. For this reason, the Client must review and accept before each purchase, the Conditions in force at that time. However, the Company may terminate or suspend the validity of said contractual relationship in those cases in which the terms and conditions established in these CONDITIONS are breached. In such cases, the Company will announce the termination or suspension of the provision of the determined service.
24. Applicable law and jurisdiction
These Conditions will be governed by Spanish legislation regardless of the address of the client who makes use of the Website. Any controversy will be resolved before the courts of the Customer’s domicile. In the event that the USER is domiciled outside of Spain, the PROVIDER and the USER expressly waive any other forum, submitting to the Courts and Tribunals closest to the population of MADRID (Spain).
In the event that any stipulation of these Conditions turns out to be unenforceable or null by virtue of the applicable legislation or as a consequence of a judicial or administrative resolution, said unenforceability or nullity will not render these Conditions unenforceable or null as a whole. In such cases, the Company will proceed to modify or replace said stipulation with another that is valid and that, as far as possible, achieves the objective and claim reflected in the original stipulation.