1. INFORMACIÓN GENERAL
The ownership of this website, www.mascarillaplus.com, (hereinafter, Website) is held by: MAGARI PROJECT SL, provided with NIF: B-12781811 and registered in: REGISTRO MERCANTIL DE IBIZA with the following registration data: TOMO 221 BOOK 220 FOLIO 186 SHEET IB-9368 REGISTRATION 2, whose representative is: Ramón María Rodríguez Rallo, and whose contact details are:
Dirección: URB.ROCA LLISA -EDIF. GRAN BARRACUDA 3C. 07819 Jesus (Baleares)
Phone number +34 651 996 666
Contact Email: ADMINISTRACION@MAGARIPROJECT.ES
This document (as well as other documents mentioned here) regulates the conditions governing the use of this Website (www.mascarillaplus.com) and the purchase or acquisition of products and / or services therein (hereinafter , Terms).
For the purposes of these Conditions, it is understood that the activity that Mascarilla Plus develops through the Website includes:
Marketing and sale of reusable medical masks, FFP2 as well as Antiseptic Spray.
Likewise, it is reported that these Conditions could be modified. The User is responsible for consulting them each time he accesses, browses and / or uses the Website since those that are in force at the time the purchase of products and / or services are requested will be applicable.
For all the questions that the User may have in relation to the Conditions, they can contact the owner using the contact information provided above or, where appropriate, using the contact form.
3. THE USER
Access, navigation and use of the Website, confers the condition of user (hereinafter referred to, indistinctly, individually as User or jointly as Users), for which they accept, from the start of browsing the Website, all the Conditions established herein, as well as their subsequent modifications, without prejudice to the application of the corresponding mandatory legal regulations as the case may be.
The User assumes his responsibility for a correct use of the Website. This responsibility will extend to:
Make use of this Website only to make answers and legally valid purchases or acquisitions.
Do not make any false or fraudulent purchase. If it could reasonably be considered that a purchase of this nature has been made, it could be canceled and the relevant authorities informed.
Provide truthful and lawful contact information, for example, email address, postal address and / or other information (see Legal Notice and General Conditions of Use).
The User declares to be over 18 years of age and have the legal capacity to enter into contracts through this Website.
The Website is aimed mainly at Users residing in Spain. Mascarilla Plus does not ensure that the Website complies with the laws of other countries, either totally or partially. Mascarilla Plus declines any responsibility that may arise from said access, nor does it ensure shipments or provision of services outside of Spain.
The User may formalize, at his choice, with Mascarilla Plus the contract for the sale 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
Los Usuarios debidamente registrados pueden comprar en el Sitio Web por los medios y formas establecidos. Deberán seguir el procedimiento de compra y/o adquisición online de www.mascarillaplus.com, durante el cual varios productos y/o servicios pueden ser seleccionados y añadidos al carrito, cesta o espacio final de compra y, finalmente, hacer clic en: “Finalizar compra“
Likewise, the User must fill in and / or check the information that is requested in each step, although, during the purchase process, before making the payment, the purchase details can be modified.
Next, the User will receive an email confirming that Mascarilla Plus has received their order or request for purchase and / or service provision, that is, the order confirmation. And, where appropriate, you will also be informed by email when your purchase is being shipped. Where appropriate, this information could also be made available to the User through their personal connection space to the Website.
Once the purchase procedure has concluded, the User consents that the Website generates an electronic invoice that will be sent to the User via email and, where appropriate, through their personal connection space to the Website. Likewise, the User may, if he so wishes, obtain a copy of his paper invoice, requesting it from Mascarilla Plus using the contact spaces on the Website or through the contact details provided above.
The User acknowledges being up-to-date, at the time of purchase, of certain particular conditions of sale that concern the product and / or service in question and that are shown next to the presentation or, where appropriate, its image on its page of the Website, indicating, by way of example, but not exhaustive, and according to each case: name, price, components, weight, quantity, color, details of the products, or characteristics, how they will be carried out and / o cost of benefits; and acknowledges that the completion of the purchase or acquisition order materializes the full and complete acceptance of the particular conditions of sale applicable to each case.
Unless expressly stated otherwise, Mascarilla Plus is not the manufacturer of the products sold or that may be marketed on the Website. Although Mascarilla Plus makes great efforts to ensure that the information displayed on the Website is correct, sometimes the packaging and / or materials and / or components of the products may contain additional or different information than that which appears on the Website. . Therefore, the User must not only consider the information provided by the Website, but also the information available on the labeling, warnings and / or instructions that accompany the product.
All purchase orders received by Mascarilla Plus through the Website are subject to the availability of the products and / or that no circumstance or force majeure (clause nine of these Conditions) affects the supply thereof and / or the Provision of services. If there are difficulties in the supply of products or there are no products in stock, Mascarilla Plus undertakes to contact the User and reimburse any amount that may have been paid as an amount. This will also be applicable in cases where the provision of a service becomes unfeasible.
5. PRICES AND PAYMENTS
The prices displayed on the Website are the final ones, in Euros (€) and include taxes, unless due to legal requirements, especially in relation to VAT, a different question is indicated and applied.
Shipping costs are included in the final prices of the products as shown on the Website. Thus, Mascarilla Plus performs delivery and / or shipping services through: Correos, Ups, Seur, DHL.
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 selected and chosen 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, and Bank transfer
Mascarilla Plus uses all means to guarantee the confidentiality and security of the payment data transmitted by the User during transactions through the Website. As such, the Website uses a secure payment system SSL (Secure Socket Layer).
Credit cards will be subject to checks and authorizations by the issuing bank, if said entity does not authorize payment, Mascarilla Plus will not be responsible for any delay or lack of delivery and will not be able to formalize any contract with the User.
Once Mascarilla Plus receives the purchase order from the User through the Website, a pre-authorization will be made 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 the User is sent the shipping confirmation and / or confirmation of the service provided in the form and, where appropriate, the established place.
If the means of payment is PayPal, the charge will be made when Mascarilla Plus sends a confirmation of the purchase order or acquisition of products and / or services to the User.
En todo caso, al hacer clic en “Finalizar compra” el Usuario confirma que el método de pago utilizado es suyo.
Purchase or acquisition orders in which the User selects the bank transfer as a means of payment will be reserved for 5 calendar days from the order confirmation in order to allow sufficient time for the bank transfer to be taken into account by the system. of payments used by Mascarilla Plus for the Website. When the system receives the transfer, the order will be prepared and managed for shipping.
Through this payment method, the User must ensure that he correctly enters the exact amount of the purchase order, as well as the account number and the transfer reference. In the event of an error, Mascarilla Plus will not be able to validate the order, which will be canceled.
In the cases in which it is appropriate to carry out the physical delivery of the contracted good, the deliveries will be made within the following territory: All over the world
Except for those cases in which there are unforeseen or extraordinary circumstances or, where appropriate, derived from the customization of the products, the purchase order consisting of the related products 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 order confirmation.
If for any reason, attributable to it, Mascarilla Plus 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 the full refund of the price paid. In any case, home deliveries are made on working days.
If it is impossible to deliver the order due to the User's absence, the order could be returned to the warehouse. 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 Mascarilla Plus to arrange delivery another day.
In the event that 30 days have elapsed since your order is available for delivery, and it has not been delivered for reasons not attributable to Mascarilla Plus, Mascarilla Plus will understand that the User wishes to withdraw from the contract and it will be considered resolved. As a consequence of the termination of the contract, all payments received from the User will be returned, with the exception of the additional costs resulting from the User's own choice of a delivery method other than the less expensive mode of ordinary delivery offered by the Website. , without any undue delay and, in any case, within a maximum period of 14 calendar days from the date the contract is considered terminated.
However, the User must bear in mind that the transport derived from the resolution may have an additional cost that may be passed on.
For the purposes of these Conditions, it will be understood that the delivery has occurred or that the order has been delivered at the moment in which the User or a third party indicated by the User acquires material possession of the products, which will be accredited by means of the signature of the receipt of the order 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 Mascarilla Plus 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 takes place in a moment after the full receipt of the amount to be paid for Mascarilla Plus.
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 understood to be located in the territory of application of Spanish VAT if The delivery address is in Spanish territory except the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be the one legally in force at all times depending on the specific article in question.
7. TECHNICAL INFO TO CORRECT ERRORS
The User is made aware that if they detect that an error has occurred when entering the data necessary to process their purchase request on the Website, they may modify them by contacting Mascarilla Plus through the contact spaces enabled on the Website, and, where appropriate, through those enabled to contact customer service, and / or using the contact information provided in the first clause (General information). Likewise, this information could also be corrected by the User through their personal connection space to the Website.
En cualquier caso, el Usuario, antes de hacer clic en “Finalizar compra“, tiene acceso al espacio, carrito, o cesta donde se van anotando sus solicitudes de compra y puede hacer modificaciones.
In the cases in which the User purchases products on or through the owner's Website, they are assisted by a series of rights, as listed and described below:
Right of Withdrawal
The User, as consumer and user, makes a purchase on the Website and, therefore, has the right to withdraw from said purchase within a period of 14 calendar days without the need for justification.
This withdrawal period will expire 14 calendar days from the day that the User or a third party authorized by him, other than the carrier, acquired material possession of the goods acquired on the Mascarilla Plus Website or in the event that the goods that make up your order is delivered separately, 14 calendar days from the day that the User or a third party authorized by him, other than the carrier, acquired material possession of the last of those goods that made up the same purchase order, or in the case of It is a service contract, within 14 calendar days from the day the contract is signed.
To exercise this right of withdrawal, the User must notify Mascarilla Plus of his decision. He may do so, where appropriate, through the contact spaces provided on the Website.
The User, regardless of the means he chooses to communicate his decision, must clearly and unequivocally express that it is his intention to withdraw from the purchase contract. In any case, the User may use the model withdrawal form that Mascarilla Plus makes available as a part attached to these Conditions, however, its use is not mandatory.
To meet the withdrawal period, it is enough that the communication that unequivocally expresses the decision to withdraw is sent before the corresponding period expires.
In the event of withdrawal, Mascarilla Plus will reimburse the User for all payments received, including shipping costs (with the exception of the additional costs chosen by the User for a shipping method other than the less expensive method offered on the Website) without no undue delay and, in any case, no later than 14 calendar days from the date on which Mascarilla Plus is informed of the User's decision to withdraw.
Mascarilla Plus will reimburse the User using the same payment method used by the User to carry out the initial purchase transaction. This refund will not generate any additional cost to the User. However, Mascarilla Plus could retain said refund until the products or items of the purchase have been received, or until the User presents proof of their return, depending on which condition is met first.
The User can return or send the products to Mascarilla Plus at: Carrer del Pou, 67. 12598 Peñíscola.
And he must do so without any undue delay and, in any case, no later than 14 calendar days from the date Mascarilla Plus was informed of the withdrawal decision.
The User acknowledges knowing that he must bear the direct cost of return (transport, delivery) of the goods, if any were incurred. In addition, he will be responsible for the decrease in the value of the products resulting from a manipulation other than that necessary to establish the nature, characteristics and operation of the goods.
The User acknowledges knowing that there are exceptions to the right of withdrawal, as stated 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 laws. By way of example, and not exhaustive, this would be the case of: personalized products; products that can deteriorate or expire quickly; Music or video CDs / DVDs without their packaging, as factory-sealed; products that for hygiene or health reasons are sealed and have been unsealed after delivery.
In this same sense, the provision of a service that the User could contract on this Website is governed, since this same Law establishes that the Right of withdrawal will not assist Users when the provision of the service has been fully executed, or when it has begun. , with the express consent of the consumer and user and with the acknowledgment on their part that they are aware that, once the contract has been fully executed by Mascarilla Plus, they will have lost their right of withdrawal.
In any case, no refund will be made if the product has been used beyond the mere opening of it, for products that are not in the same condition in which they were delivered or that have suffered any damage after delivery.
Likewise, the products must be returned using or including all their original packaging, instructions and other documents that accompany them, as well as a copy of the invoice.
En el siguiente enlace puede descargarse el Modelo de formulario de desistimiento:
Return of defective products or shipping errors
These are all those cases in which the User considers that, at the time of delivery, the product does not comply with the provisions of the contract or purchase order, and that, therefore, they should contact Mascarilla Plus immediately and let you know the existing disagreement (defect / error) by the same means or by using the contact information provided in the previous section (Right of Withdrawal).
The User will then 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 time, if the refund or, where appropriate, the replacement of the same.
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 that the refund or replacement of the non-compliant item is appropriate.
The amount paid for those products that are returned due to a defect, when it actually exists, will be fully reimbursed, including delivery costs and the costs that the User may have incurred 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 the legislation in force at all times for the User, as consumer and user, will always be observed.
The User, as a consumer and user, enjoys guarantees on the products that can be purchased through this Website, in the legally established terms for each type of product, responding Mascarilla Plus, therefore, for the lack of conformity of the same that are manifested within a period of two years from the delivery of the product.
In this sense, it is understood that the products are in accordance with the contract provided that: they conform to the description made by Mascarilla Plus and possess the qualities presented in it; are suitable for the uses to which products of the same type are ordinarily destined; and present the usual quality and performance of a product of the same type and that are fundamentally expected from it. When this is not the case with respect to the products delivered to the User, the User must proceed as indicated in the section Return of defective products or error in shipping. However, some of the products that are marketed on the Website, could present non-homogeneous characteristics as long as these derive from the type of material with which they have been manufactured, and that therefore will form part of the individual appearance of the product, and they will not be a defect.
On the other hand, it could be the case that the User acquires a product from a brand or manufactured by a third party on the Website. In this case, and considering the User that it is a defective product, the User also has the possibility of contacting the brand or manufacturer responsible for the product to find out how to exercise their legal guarantee right directly against them during the two years following the delivery of said products. For this, the User must have kept all the information in relation to the guarantee of the products.
9. DISCLAIMER OF LIABILITY
Unless legal provision to the contrary, Mascarilla Plus will not accept any responsibility for the following losses, regardless of their origin:
any losses that were not attributable to any breach on your part;
business losses (including lost profits, income, contracts, anticipated savings, data, loss of goodwill or unnecessary expenses incurred); or from
any other indirect loss that was not reasonably foreseeable by both parties at the time the contract for the sale of the products was formalized between both parties.
Likewise, Mascarilla Plus also limits its liability in the following cases:
- Mascarilla Plus applies all the measures concerning to provide a faithful display of the product on the Website, however it is not responsible for the minimum differences or inaccuracies that may exist due to lack of resolution of the screen, or problems of the browser that is used or others of this nature.
- Mascarilla Plus will act with the utmost diligence in order to make available to the company in charge of transporting the product that is the object of the purchase order. However, it is not responsible for damages arising from a malfunction of transport, especially for causes such as strikes, road retentions, and in general any other specific to the sector, which result in delays, losses or theft of the product.
- Technical failures that, due to fortuitous or other causes, prevent the normal operation of the service through the Internet. Lack of availability of the Website for maintenance or other reasons, which prevents the availability of the service. Mascarilla Plus uses all the means at its disposal in order to carry out the process of purchase, payment and shipping / delivery of the products, however it is exempt from liability for causes that are not attributable to it, unforeseeable circumstances or force majeure.
- Mascarilla Plus will not be responsible for the misuse and / or wear of the products that have been used by the User. At the same time, Mascarilla Plus will not be responsible for an erroneous return made by the User. It is the User's responsibility to return the correct product.
- En general, Mascarilla Plus no se responsabilizará por ningún incumplimiento o retraso en el cumplimiento de alguna de las obligaciones asumidas, cuando el mismo se deba a acontecimientos que están fuera de su control razonable, es decir, que se deban a causa de fuerza mayor, y ésta podrá incluir, a modo enunciativo pero no exhaustivo:
- Huelgas, cierres patronales u otras medidas reivindicativas.
- Conmoción civil, revuelta, invasión, amenaza o ataque terrorista, guerra (declarada o no) o amenaza o preparativos de guerra.
- Incendio, explosión, tormenta, inundación, terremoto, hundimiento, epidemia o cualquier otro desastre natural.
- Imposibilidad de uso de trenes, barcos, aviones, transportes de motor u otros medios de transporte, públicos o privados.
- Imposibilidad de utilizar sistemas públicos o privados de telecomunicaciones.
- Actos, decretos, legislación, normativa o restricciones de cualquier gobierno o autoridad pública.
In this way, the obligations will be suspended during the period in which the force majeure continues, and Mascarilla Plus will have an extension in the term to fulfill them for a period of time equal to the duration of the force majeure cause. Mascarilla Plus will use all reasonable means to find a solution that allows it to comply with its obligations despite the force majeure.
10. WRITTEN COMMUNICATIONS AND NOTIFICATIONS
By using this Website, the User accepts that most of the communications with Mascarilla Plus are electronic (email or notices published on the Website).
For contractual purposes, the User agrees to use this electronic means of communication and acknowledges that all contracts, notifications, information and other communications that Mascarilla Plus sends electronically comply with the legal requirements of being in writing. This condition will not affect the rights recognized by law to the User.
The User can send notifications and / or communicate with Mascarilla Plus through the contact information provided in these Conditions and, where appropriate, through the contact spaces on the Website.
Likewise, unless otherwise stipulated, Mascarilla Plus may contact and / or notify the User by email or at the postal address provided.
No waiver of Mascarilla Plus to a specific right or legal action or the lack of requirement by Mascarilla Plus of strict compliance by the User of any of its obligations will imply, nor a waiver of other rights or actions derived from a contract or the Conditions, nor will it exonerate the User from the fulfillment of its obligations.
No resignation by Mascarilla Plus to any of these Conditions or to the rights or actions derived from a contract will take effect, unless it is expressly established that it is a resignation and it is formalized and communicated to the User in writing.
If any of these Conditions were declared null and void by a final resolution issued by a competent authority, the rest of the clauses will remain in force, without being affected by said declaration of nullity.
13. ENTIRE AGREEMENT
These Conditions and any document to which express reference is made in these constitute the entire agreement existing between the User and Mascarilla Plus in relation to the object of sale and replace any other agreement, agreement or previous promise agreed verbally or in writing by the same parts.
The User and Mascarilla Plus acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except for what is expressly mentioned in these Conditions.
14. DATA PROTECTION
The information or personal data that the User provides to Mascarilla Plus in the course of a transaction on the Website, will be treated in accordance with the provisions of the Privacy or data protection Policy (contained, where appropriate, in the Legal Notice and General Conditions of Use). By accessing, browsing 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 are true.
15. APPLICABLE LAW AND JURISDICTION
Access, navigation and / or use of this Website and product purchase contracts through it will be 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 with the interpretation and execution of these Conditions, or with the sales contracts between Mascarilla Plus 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 Mascarilla Plus their complaints, claims or any other comment they wish to make through the contact information provided at the beginning of these Conditions (General Information).
In addition, Mascarilla Plus has official claim sheets available to consumers and users, and that they can request Mascarilla Plus at any time, using the contact information provided at the beginning of these Conditions (General Information).
Likewise, if a dispute arises from the conclusion of this purchase contract between Mascarilla Plus and the User, the User as a consumer may request an out-of-court dispute resolution, in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council. , of May 21, 2013, on online dispute resolution in consumer matters and amending Regulation (EC) 2006/2004 and Directive 2009/22 / EC. You can access this method through the following website: http://ec.europa.eu/consumers/odr/.