1.- APPLICABLE LAW AND FORUM:
The responsible for the distribution and sale of the products offered on this portal is the company FUNDAX OCIO S.L.
This purchase system is subject to the existing legislation in Spain (Civil Code, Commercial Code, Law 7/1996, of January 15, on retail trade management, Law 7/1998, of the General Conditions of Contract, Law 26/1984, General for the Protection of Consumers and Users, Royal Decree 1906/1999, of December 17, concerning telephone and electronic contracting with general conditions and Law 34/2002, of Information Society and Electronic Commerce Services).
2.- PRICES AND TAXES:
Residents in the European Union
The prices of the products on sale in our e-commerce store include the Value Added Tax (V.A.T). Purchases made by taxable persons of the V.A.T (companies, entities, organizations …) with residence in the European Union and endowed with intra-community NIF, will be exempt from payment of the V.A.T, being essential condition the sending of documents proving said condition.
Residents in non-EU countries
Purchases made by natural or legal persons residents in non-EU countries will be exempt from payment of the V.A.T.
For this purchase / shipping system and due to its fiscal regime, the geographic areas corresponding to the Canary Islands, Ceuta, Melilla as well as those considered ultra-peripheral of the EU, are considered Extra-Community territories.
Due to the nature of our products, their characteristics and prices are subject to change without notice. However, these changes will be published on www.lotuel.com in order to keep you informed about them.
The purchase process consists in:
– Selection of products and their inclusion in the shopping cart.
– User registration or identification.
– Payment of the products by any of the acceptable means of payment.
– Finally we will send the order to the delivery address indicated by the customer.
When the customer makes an order on the Internet of the products that he/she has included in his “shopping cart”, he/she agrees to buy them at the price indicated and accepts the terms on this Website. Lotuel.com will send you an email to confirm the sale. In any case, FUNDAX OCIO S.L. reserves the right to reject an order when necessary, always communicating to the user.
Orders will not be accepted in the following cases:
– If there is no stock available of the products selected.
– If payment is not made with any of the supported types.
– If there is an anomaly in the payment that prevents the reception thereof by FUNDAX OCIO S.L.
4.- SHIPPING COSTS:
Orders will not be served in PO Boxes.
The user will be informed in detail of the cost derived from the shipment before confirming the order.
Destinations not agreed
In the cases in which the transport costs could not be detailed because the transport services were not arranged, the confirmation of the order will be subject to the validation of the personalized transport budget that we would provide to the client later. This eventuality will be duly specified at the time of order confirmation.
5.- DELIVERY TIME:
In the case of those orders whose payment method were via Transfer, the order will be confirmed once the transfer has been verified.
In the case of broken stock due to any incident, our Customer Service Department will inform of any delay to the customer, offering the possibility to cancel the order or change it.
Once the order has been sent to the customer, the delivery time will be limited to the conditions of the parcel service with the agreed destinations, or those selected if these destinations were not arranged with any transport service.
FUNDAX OCIO S.L. will do our best to meet the delivery date indicated in the order confirmation. Otherwise, the only right of the Customer will be to cancel the order.
In case of not finding any person who receives and signs the confirmation of the delivery at the address specified by the customer, the transport service will not deliver any material and will leave notification of failed delivery along with a contact telephone. In this circumstance, please contact the transport company to arrange a new delivery.
6.- CLAIM FOR UNDELIVERED ORDERS:
The buyer will be informed via email that the order has been sent. If after the indicated delivery time you do not receive the product, you can contact us by email to the address email@example.com in order to clarify the cause of the delay by the transport company.
According to the current legislation, the client has 7 business days, starting from the date of receipt of the shipment, to communicate the return of the order and revoke the contract without penalty or need to indicate the reasons.
To make the return, the product must be in perfect condition, in its original packaging and with the accessories or promotional gifts included if the case.
Once the merchandise will be received in our warehouses, and after checking the status of it, the amount will be refunded according to the payment method made by the customer.
In all cases, before making your return, contact us via email by writing to firstname.lastname@example.org and indicating the order number to receive the return agreement and the shipping address.
The return costs will be borne by the customer.
8.- PAYMENT METHODS:
FUNDAX OCIO S.L. facilitates the payment by bank transfer, Paypal account, credit / debit cards such as Visa, Mastercard or Visa Electron as well as through the payment gateway Paypal.
Paypal operates with safety standards and requirements so that FUNDAX OCIO S.L. will never have access to any card number or data related to it, except for the name of the cardholder. These data are processed exclusively by the financial institution and FUNDAX OCIO S.L. just receive the conformity or not of the payment.
Also, FUNDAX OCIO S.L. doesn’t t keep any account number, and, in any case, it will be destroyed once used for its own purpose.
FUNDAX OCIO S.L. guarantees its products, in the legally established terms, for a period of 2 years from the date of delivery. The consumer and user must report the lack of conformity within 2 months of becoming aware of the problem.
Deficiencies caused by negligence, improper use or manipulation, or materials exposed to normal wear and tear will be excluded from the guarantee.
When the use of the guarantee was justified, the repair, replacement of the item, rebate or return will be chosen, in the legally established terms.
The guarantee will lose its value in cases where:
– The purchase invoice is modified, altered or replaced.
– If the guaranteed product is handled or repaired.
– If you lack the purchase invoice.
To make use of the guarantee, the presentation of the purchase invoice is essential.
To receive warranty compliance, contact us by mail at email@example.com
10.- CODES OF CONDUCT:
The Legal Conditions as well as any matter related to these Conditions will be governed and interpreted in accordance with Spanish law and the jurisdictional bodies of Spain. The parties submit, at their option, for the resolution of conflicts and waiving any other jurisdiction, to the courts and tribunals of the domicile of FUNDAX OCIO.S.L.
FUNDAX OCIO S.L. can review the Legal Conditions at any time by updating this publication.
11.- INTELLECTUAL AND INDUSTRIAL PROPERTY:
The contents hosted by LOTUEL.COM are protected by current legislation on intellectual property. The copying, modification, reproduction, download, transmission, distribution or transformation of the contents of the page is expressly prohibited, without the prior authorization of the owner. Access does not presuppose the acquisition by users of property rights over the contents contained therein.
12.- RESPONSIBILITY ABOUT THE FUNCTIONING OF THE WEB:
FUNDAX OCIO S.L. may, when it deems appropriate, make corrections, improvements or modifications of the information contained in the web page without being entitled to claim.
FUNDAX OCIO S.L. is NOT responsible for damages of any nature that may arise from the availability and technical continuity of the operation of the page.
13.- FORCE MAJEURE:
Neither of the contracting parties will have any responsibility for any type of fault due to a major cause. The termination of the contract will be postponed until the termination of the force majeure situation.
In compliance with the provisions of Organic Law 15/1999 of December 13 on the Protection of Personal Data, FUNDAX OCIO S.L. communicates that:
In accordance with Art.5 of the aforementioned Law, it is informed that the data entered in the forms will be stored in an automated file, property of FUNDAX OCIO S.L. which guarantees legally required security measures.
– The purpose for which the forms provided are intended, is the subsequent contact of the entity, dealing with users who have made some type of consultation such as budget request, business relationship and / or advertising campaign of the services or products of our company.
– FUNDAX OCIO S.L. is responsible for the files and undertakes to not allocate the data for a different purpose for which they have been collected, nor to transfer them illegitimately to third parties. It also undertakes to treat your data confidentially and to apply the necessary technical, organizational and security measures to prevent unauthorized processing or access as established by current regulations on data protection.
– FUNDAX OCIO S.L. does not store the data that is collected through the forms, it will limit to respond to the request, query or others. Besides, it will destroy the data later. In the case in where a potential customer subsequently becomes a customer, the clauses set forth in terms of data protection regarding the file, use and purpose will be applied.
– Only in the case where the customer indicates it, it will proceed to send newsletters, notifications, personalized offers, congratulations and in general commercial communications. The indications to receive these notifications may be modified or canceled at any time in the “My Account” section of this website.
– Users will respond in any case, for the veracity of the data provided, reserving on the part of FUNDAX OCIO S.L. the right to exclude from the registered services any user who has provided false or erroneous data, without prejudice to the other actions applicable under the Law.
– To exercise your rights of access, rectification, cancellation and / or opposition, you must send a letter identifying the reference “Data Protection” by email to firstname.lastname@example.org, or by regular mail, by writing to
FUNDAX OCIO S.L.
Caravaca Road, nº 242, Nave 1
30800 – Lorca (Murcia) – Spain
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FUNDAX OCIO S.L.
Caravaca Road, nº 242, Nave 1
30800 – Lorca (Murcia) – Spain