General purchasing conditions
This contractual document shall govern the General Conditions for contracting services (hereinafter, “Conditions”) through the apartamentosbuendia.com website, owned by PLATINIUM 2015, S.L. under the trademark PLATINIUM 2015, S.L., hereinafter, PROVIDER, whose contact details also appear in the Legal Notice of this website.
These Conditions shall remain published on the website available to the USER for reproduction and storage as confirmation of the contract, and may be modified at any time by the PROVIDER. It is the responsibility of the USER to read them periodically, as those in force at the time of placing orders will be applicable.
Contracts shall not be subject to any formality with the exception of the cases expressly indicated in the Civil and Commercial Codes and in this or other special laws.
Acceptance of this document implies that the USER:
– Has read, understands and comprehends what is set out herein.
– Is a person with sufficient capacity to contract. Assumes all the obligations set forth herein.
– These conditions will be valid for an indefinite period of time and will be applicable to all contracts made through the PROVIDER’s website.
The PROVIDER informs that the merchant is responsible and aware of the legislation in force, and reserves the right to unilaterally modify the conditions, without affecting the terms and conditions that were implemented prior to the modification.
Identity of the contracting parties
On the one hand, the PROVIDER of the services contracted by the USER is PLATINIUM 2015, S.L., with registered office at AVDA. TIERNO GALVAN, 19 – 30860 PUERTO DE MAZARRON (Murcia), NIF B30897581 and with customer/USER service telephone number 650 960 635.
On the other hand, the USER, registered on the website with a user name and password, for which he/she has full responsibility of use and custody, and is responsible for the veracity of the personal data provided to the PROVIDER.
Object of the contract
The purpose of this contract is to regulate the contractual sales relationship that arises between the PROVIDER and the USER when the USER accepts the corresponding box during the online contracting process.
The contractual purchase-sale relationship entails the delivery, in exchange for a specific price and publicly displayed through the website, of a specific service.
Recruitment procedure
The USER, in order to access the services offered by the PROVIDER, must be of legal age and register through the website by creating a user account. Therefore, the USER must freely and voluntarily provide the personal data that will be required, which will be processed in accordance with the provisions of Regulation (EU) 2016/679 of 27 April 2016 (GDPR) on the protection of natural persons with regard to the processing of personal data and the free movement of such data and Organic Law 3/2018 of 5 December (LOPDGDD) on the protection of personal data and detailed in the Legal Notice and Privacy Policy of this website.
The USER 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 notify the PROVIDER of the loss or theft thereof or possible access by an unauthorised third party, so that the PROVIDER may proceed to block them immediately.
Once the user account has been created, the user is informed that, in accordance with the requirements of article 27 of Law 34/2002, on Information Society Services and Electronic Commerce (LSSICE), the contracting procedure will follow the following steps:
1. General contracting clauses.
2. Activation of services.
3. Right of withdrawal.
4. Complaints and online dispute resolution.
5. Force majeure.
6. Jurisdiction.
7. Generalities of the offer.
8. Price and period of validity of the tender.
9. Transport costs.
10. Method of payment, costs and discounts.
11. Purchasing process.
12. Dissociation and suspension or termination of the contract.
13. Warranties and returns.
14. Applicable law and jurisdiction.
1. GENERAL TERMS AND CONDITIONS
2. ACTIVATION OF SERVICES
The PROVIDER will not activate any service until it has verified that payment has been made.
As the order does not entail the physical delivery of any product, the contracted services being downloaded or activated directly from the website, the PROVIDER will previously inform the USER of the procedure to be followed to carry out this download or activation.
Failure to execute the contract remotely
In the case of the provision of a service, it will be available from the moment the USER has paid for it and can be downloaded or activated according to the PROVIDER’s conditions.
In the event that the contract does not entail the physical delivery of any product, but a download activation on a website, the PROVIDER will previously inform the USER of the procedure to be followed to carry out this download.
In the event that the contract cannot be executed because the contracted service is not available on time, the USER will be informed of the lack of availability and will be entitled to cancel the order and receive a refund of the total amount paid at no cost, and without any liability for damages attributable to the PROVIDER.
In the event of unjustified delay on the part of the PROVIDER with regard to the refund of the total amount, the USER may claim to be paid double the amount due, without prejudice to his right to be compensated for any damages suffered in excess of this amount.
The PROVIDER shall not assume any responsibility when the download or activation of the service is not carried out due to false, inaccurate or incomplete data provided by the USER.
The provision of the service will be considered to have been carried out when the USER has downloaded or activated the service.
3. RIGHT OF WITHDRAWAL
Cancellation form: https://apartamentosbuendia.com/formulario-solicitud-desistimiento.pdf
The USER has a period of fourteen calendar days from the date of downloading or activation of the service, or from the conclusion of the purchase contract, to exercise the right of withdrawal. If the PROVIDER has not complied with the duty to provide information and documentation on the right of withdrawal, the period for its exercise shall end twelve months after the date of expiry of the initial withdrawal period (article 71 of Law 3/2014, of 27 March).
The right of withdrawal shall not apply in the following cases:
1. In software applications that are directly downloaded through the portal or unsealed by the USER after their physical delivery.
2. In the provision of services, once the service has been fully executed, when the execution has begun, with the prior express consent of the PROVIDER and USER and with the acknowledgement on their part that they are aware that, once the contract has been fully executed by the PROVIDER, they will have lost their right of withdrawal.
3. In the downloading or activation of the service whose price depends on financial market fluctuations that the PROVIDER cannot control and that may occur during the withdrawal period.
4. In the provision of services made according to the USER’s specifications or clearly personalised.
5. In the provision of accommodation services for purposes other than housing, transport of products, car rental, food or services related to leisure activities, if the contracts provide for a specific date or period of execution.
6. The supply of sealed goods which are not suitable for return for reasons of health protection or hygiene and which have been unsealed after delivery.
7. The supply of goods which after delivery and taking into account their nature have become inseparably mixed with other goods.
8. Contracts in which the consumer and user has specifically requested the trader to visit him to carry out urgent repair or maintenance operations; in that visit, the trader provides additional services to those specifically requested by the consumer or supplies goods other than spare parts necessarily used to perform maintenance or repair operations, withdrawal should apply to such additional services or goods.
Any return must be communicated to the PROVIDER, requesting a return number using the form provided for this purpose, or by e-mail to [email protected], indicating the corresponding invoice or order number.
In the event that the return is not made with the original delivery packaging, the PROVIDER may charge the cost of the same to the USER, previously informing the USER of this through the same communication channel used.
4. ONLINE COMPLAINTS AND DISPUTE RESOLUTION
Any complaint that the USER considers appropriate will be dealt with as soon as possible, and can be made at the following contact addresses:
Postal: PLATINIUM 2015, S.L., AVDA. TIERNO GALVAN, 19 – 30860 PUERTO DE MAZARRON (Murcia)
Telephone: 650 960 635
E-mail: [email protected]
Online Dispute Resolution (Online Dispute Resolution)
In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for online dispute resolution between the USER and the PROVIDER, without recourse to the courts of law, through the intervention of a third party, called a Dispute Resolution Body, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties in order to reach an agreement, and may finally suggest and/or impose a solution to the conflict.
Link to the ODR platform: http://ec.europa.eu/consumers/odr/
5. FORCE MAJEURE
The parties shall not be liable for any failure due to force majeure. Performance of the obligation will be delayed until the force majeure event ceases.
COVID-19: If, due to mobility restrictions or any other reason related to the rules consolidated in the COVID-19 code, the USER cannot receive the service, he/she will be refunded the full amount of the registration fee or will have the possibility to use his/her reservation until ……………………………………………………………….. or a new date proposed by the PROVIDER.
6. COMPETENCE
The USER may not assign, transfer or transmit the rights, responsibilities and obligations contracted in the sale.
Should any stipulation of these conditions be considered null and void or impossible to fulfil, the validity, legality and fulfilment of the rest shall not be affected in any way, nor shall they be modified in any way.
The USER declares that he/she has read, knows and accepts these Conditions in their entirety.
7. GENERALITIES OF THE OFFER
All sales made by the PROVIDER shall be understood to be subject to these Conditions.
No modification, alteration or agreement contrary to PLATINIUM 2015, S.L.’s Commercial Proposal or to what is stipulated herein shall have any effect, unless expressly agreed in writing signed by the PROVIDER, in which case these particular agreements shall prevail.
Given the continuous technical advances and improvements of the services, the PROVIDER reserves the right to modify its specifications regarding the information provided in its advertising, as long as it does not affect the value of the services offered. These modifications shall also apply in the event that, for whatever reason, the possibility of supplying the services offered is affected.
8. PRICE AND PERIOD OF VALIDITY OF THE TENDER
The prices indicated for each product or service include Value Added Tax (VAT) or other taxes that may be applicable. These prices, unless expressly stated otherwise, do not include the costs of shipping or communication, handling, packaging, shipping insurance or any other additional services and annexes to the service purchased.
The prices applicable to each service are those published on the website and are expressed in EURO currency. The USER assumes that the economic valuation of some of the services may vary in real time.
Before making the purchase you will be able to check online all the details of the quotation: services, quantities, price, availability, charges, discounts, taxes and the total of the purchase. Prices may change daily until the order is placed.
Once the order has been placed, prices will remain the same whether the service is available or not.
Any payment made to the PROVIDER will result in the issuance of an invoice in the name of the registered USER or the company name provided by the USER at the time of placing the order. This invoice will be delivered in paper format at the time the service is provided. It will be possible to download the invoice in PDF format by accessing the web management panel with the user account. If you wish to receive it by e-mail, you must request it by any of the means that the PROVIDER makes available to you, informing you that you may revoke this decision at any time.
For any information about the order, the USER may contact the PROVIDER’s customer service telephone number 650 960 635 or via e-mail at [email protected].
9. TRANSPORT COSTS
There are no transport costs. The prices published in the shop do not include shipping or communication costs, installation or download costs, or additional services, unless otherwise expressly agreed in writing.
10. FORMS OF PAYMENT, CHARGES AND DISCOUNTS
The PROVIDER is responsible for the financial transactions and offers the following methods of payment for an order:
– Credit card
– Pay Pal
The USER will be able to use a discount coupon, prior to the completion of the purchase, if received by the PROVIDER.
Security measures:
The website uses information security techniques generally accepted in the industry, such as SSL, data entered on secure page, firewalls, access control procedures and cryptographic mechanisms, all with the aim of preventing unauthorised access to data. To achieve these purposes, the USER accepts that the PROVIDER obtains data for the purpose of the corresponding authentication of access controls.
The PROVIDER undertakes not to allow any transaction that is or is considered illegal by the credit card brands or the acquiring bank, which may or has the potential to damage their goodwill or negatively influence them.
The following activities are prohibited under the card brands’ programmes: the sale or offer of a product or service that does not comply with all laws applicable to the Purchaser, Issuing Bank, Merchant or Cardholder of the card(s).
11. PURCHASING PROCESS
Basket (quotation simulation)
Any service from our catalogue can be added to the basket. In the basket, only the selected services, the quantity, the price and the total amount will be displayed. Once the basket has been saved, taxes, charges and discounts will be calculated according to the data entered.
The baskets do not have any administrative link, it is only a section where you can simulate a budget without any commitment on both sides.
From the basket you can place an order by following the steps below for its correct formalisation:
1. – Verification of the invoicing data.
2. – Verification of the method of service provision (download, activation…).
3. – Selection of the payment method.
4. – Place the order (purchase).
Once the order has been processed, the system instantly sends an e-mail to the PROVIDER’s management department and another to the USER’s e-mail confirming that the order has been placed.
Orders (purchase requests)
Within a maximum of 24 hours, on working days, an e-mail will be sent to the USER confirming the status of the order and the approximate download and/or activation date.
12. UNBUNDLING AND SUSPENSION OR TERMINATION OF THE CONTRACT
If any of these terms and conditions shall be deemed unlawful, void or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions.
The PROVIDER may, without prior notice, suspend or terminate the USER’s access to its services and training, in whole or in part, for any valid reason, including, without limitation, where the USER fails to comply with or follow any of the obligations set out in this document or any applicable legal provision, licence, regulation, directive, code of practice or usage policy.
Where the PROVIDER exercises any of its rights or powers under this Clause, such exercise shall not prejudice or affect the exercise of any other right, power or remedy that may be available to the PROVIDER.
13. WARRANTIES AND RETURNS
The guarantee of the services offered will respond to the following articles based on the Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws:
Article 114. General principles.
The seller is obliged to deliver to the consumer and user products that are in conformity with the contract, being liable to the consumer and user for any lack of conformity that exists at the time of delivery of the product.
Article 115. Scope of application.
1. Contracts for the sale and purchase of products and contracts for the supply of products to be produced or manufactured are included in the scope of application of this Title.
2. The provisions of this Title shall not apply to products purchased by judicial sale, to water or gas, where they are not packaged for sale in limited volume or set quantities, and to electricity. Nor shall it apply to second-hand products purchased at administrative auctions which consumers and users may attend in person.
Article 116. Conformity of the products with the contract.
1. In the absence of proof to the contrary, the goods shall be deemed to be in conformity with the contract provided that they meet all of the following requirements, unless the circumstances of the case make any of them inapplicable:
a) They conform to the description given by the seller and possess the qualities of the product which the seller has presented to the consumer and user in the form of a sample or model.
(b) are fit for the purposes for which goods of the same type are normally intended.
(c) are fit for any special use required by the consumer and user when he has made this known to the seller at the time of conclusion of the contract, provided that the seller has accepted that the product is fit for such use.
(d) they are of a quality and performance which are normal in a product of the same type and which the consumer and user may reasonably expect, given the nature of the product and, where appropriate, public statements on the specific characteristics of the products made by the seller, the producer or his representative, particularly in advertising or on labelling. The seller shall not be bound by such public statements if he proves that he was unaware of the statement in question and could not reasonably be expected to have been aware of it, that the statement had been corrected at the time of conclusion of the contract or that the statement could not have influenced the decision to purchase the product.
2. Lack of conformity resulting from improper installation of the product shall be treated as lack of conformity of the product where the installation is included in the contract of sale or supply referred to in Article 115 (1) and was carried out by or under the responsibility of the seller or by the consumer and user where the faulty installation is due to an error in the installation instructions.
3. There shall be no liability for lack of conformity which the consumer and user knew or could not reasonably have been unaware of at the time of conclusion of the contract or which originates in materials supplied by the consumer and user.
Article 117. Incompatibility of actions.
The exercise of the actions contemplated in this Title shall be incompatible with the exercise of the actions derived from the remedy for hidden defects in the sale and purchase.
In any case, the consumer and user shall have the right, in accordance with civil and commercial legislation, to be compensated for the damages arising from the lack of conformity.
Article 118. Liability of the seller and rights of the consumer and user.
The consumer and user has the right to repair the product, to its replacement, to a price reduction or to the termination of the contract, in accordance with the provisions of this title.
Article 119. Repair and replacement of the product.
1. If the product is not in conformity with the contract, the consumer and user may choose between demanding the repair or replacement of the product, unless one of these two options proves to be objectively impossible or disproportionate. As soon as the consumer and user informs the seller of the option chosen, both parties must abide by it. This decision of the consumer and user is without prejudice to the provisions of the following article for cases where repair or replacement fails to bring the product into conformity with the contract.
2. A remedy which imposes unreasonable costs on the seller in comparison with the alternative remedy shall be regarded as disproportionate, taking into account the value of the product in the absence of lack of conformity, the significance of the lack of conformity and whether the alternative remedy could be provided without major inconvenience to the consumer and user.
In order to determine whether the costs are unreasonable, the costs for one form of remedy must also be considerably higher than the costs for the other form of remedy.
Article 120. Legal regime for the repair or replacement of the product.
Repair and replacement shall be subject to the following rules:
a) They shall be free of charge for the consumer and user. This free of charge shall include the necessary expenses incurred to remedy the lack of conformity of the products with the contract, in particular delivery costs, as well as costs related to labour and materials.
b) They shall be carried out within a reasonable time and without major inconvenience to the consumer and user, taking into account the nature of the products and the purpose for which they were intended by the consumer and user.
(c) The repair suspends the running of the periods referred to in Article 123. The period of suspension shall begin when the consumer and user makes the product available to the seller and shall end with the delivery of the repaired product to the consumer and user. During the six months following delivery of the repaired product, the seller shall be liable for the lack of conformity that gave rise to the repair, it being presumed that it is the same lack of conformity when defects of the same origin as those initially stated are reproduced in the product.
d) If, once the repair has been completed and the product delivered, it is still not in conformity with the contract, the consumer and user may demand the replacement of the product, unless this option is disproportionate, the reduction of the price or the termination of the contract under the terms provided for in this chapter.
e) Replacement suspends the periods referred to in Article 123 from the exercise of the option by the consumer and user until the delivery of the new product. In any case, the second paragraph of Article 123.1 shall apply to the substitute product.
f) If the replacement fails to bring the product into conformity with the contract, the consumer and user may demand the repair of the product, unless this option is disproportionate, the price reduction or the termination of the contract under the terms provided in this chapter.
g) The consumer and user may not demand replacement in the case of non-fungible products, nor in the case of second-hand products.
Article 121. Price reduction and termination of the contract.
The price reduction and termination of the contract shall proceed, at the choice of the consumer and user, when the latter could not demand the repair or replacement and in cases where these have not been carried out within a reasonable time or without major inconvenience to the consumer and user. The termination shall not proceed when the lack of conformity is of minor importance.
NOTE according to art. 108.2: The USER is informed that he shall only be liable for the diminished value of the goods resulting from the handling of the goods other than that necessary to establish their nature, characteristics or functioning. Under no circumstances shall the USER be liable for the diminished value of the goods if the entrepreneur has not informed him of his right of withdrawal in accordance with article 97.1.i).
Article 122. Criteria for price reduction.
The price reduction will be proportional to the difference between the value that the product would have had at the time of delivery if it had been in accordance with the contract and the value that the product actually delivered had at the time of delivery.
Article 123. Time limits.
1. The seller is liable for any lack of conformity that becomes apparent within a period of two years from delivery. In the case of second-hand products, the seller and the consumer and user may agree on a shorter period, which may not be less than one year from delivery.
In the absence of proof to the contrary, it shall be presumed that any lack of conformity which becomes apparent within six months of delivery of the product, whether new or second-hand, already existed when the thing was delivered, except where this presumption is incompatible with the nature of the product or the nature of the lack of conformity.
2. Unless there is proof to the contrary, the delivery is understood to have been made on the day that appears on the invoice or purchase receipt, or on the corresponding delivery note if this is later.
3. The seller is obliged to provide the consumer or user who exercises his right to repair or replacement with documentary proof of delivery of the product, stating the date of delivery and the lack of conformity that gives rise to the exercise of the right.
Likewise, together with the repaired or replaced product, the seller shall provide the consumer or user with documentary proof of delivery, stating the date of delivery and, where appropriate, the repair carried out.
4. The action to claim compliance with the provisions of Chapter II of this Title shall be time-barred three years after delivery of the product.
5. The consumer and user must inform the seller of the lack of conformity within two months of becoming aware of it. Failure to comply with this time limit shall not entail the loss of the corresponding right to remedy, the consumer and user being liable, however, for the damage or loss actually caused by the delay in communication.
In the absence of proof to the contrary, it shall be understood that the consumer and user’s communication has taken place within the established period.
Article 124. Action against the producer.
When it is impossible for the consumer and user or it would be an excessive burden for him to take action against the seller for the lack of conformity of the products with the contract, he may claim directly against the producer in order to obtain the replacement or repair of the product.
In general, and without prejudice to the fact that the liability of the producer shall cease, for the purposes of this Title, in the same terms and conditions as those established for the seller, the producer shall be liable for the lack of conformity when this relates to the origin, identity or suitability of the products, in accordance with their nature and purpose and with the rules that regulate them.
The party liable to the consumer and user shall have a period of one year to take action against the party responsible for the lack of conformity. This period is calculated from the time when the remedy was completed.
14. GOVERNING LAW AND JURISDICTION
These conditions shall be governed by or interpreted in accordance with Spanish law in all matters not expressly established. The PROVIDER and the USER agree to submit any dispute that may arise from the provision of the products or services covered by these Conditions to the courts and tribunals of the USER’s domicile.
In the event that the USER is domiciled outside Spain, the PROVIDER and the USER expressly waive any other forum, submitting to the Dispute Resolution Body that will act as an intermediary between them in accordance with Art. 14.1 of Regulation (EU) 524/2013, without the need to resort to the courts of law. For further information please refer to clause “4. CLAIMS AND ONLINE DISPUTE RESOLUTION” of these Terms and Conditions.
