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Introduction

This contractual document will govern the General Conditions for the contracting of products (hereinafter, "Conditions") through the websitewww.davidmoran.net, owned by DAVID MORAN SA under the trade name DAVID MORAN, hereinafter, PROVIDER, whose contact details are also listed in the Legal Notice of this Website.

These Conditions will remain published on the website and will be available to the USER for reproduction and storage as confirmation of the contract, and may be modified at any time by DAVID MORAN SA. It is the USER's responsibility to read them periodically, as those that are in effect at the time of placing orders will be applicable. DAVID MORAN SA will archive the electronic document in which the purchase is formalized and will have it available to the USER upon request. Contracts will not be subject to any formality except as expressly indicated in the Civil and Commercial Codes and in this or other special laws.

Acceptance of this document implies that the USER:

These conditions will have an indefinite period of validity and will be applicable to all contracts made through the PROVIDER's website. The PROVIDER informs that the business is responsible for and aware of the legislation in force in the countries to which it ships the products, and reserves the right to unilaterally modify the conditions without affecting the goods or promotions that were acquired prior to the modification.

Identity of the contracting parties

On the one hand, the PROVIDER of the products contracted by the USER is DAVID MORAN SA, with registered office at DURANES, 6 - 29200 ANTEQUERA (MÁLAGA), NIF A29159704 and with customer service phone number 645 121 802. And on the other hand, the USER, registered on the website with a username and password, over which he/she has full responsibility for use and custody, and is responsible for the veracity of the personal data provided to the PROVIDER.

Purpose of the Contract

The purpose of this contract is to regulate the contractual relationship of sale between the PROVIDER and the USER at the moment the latter accepts the corresponding checkbox during the online contracting process. The contractual relationship of sale entails the delivery, in exchange for a certain price publicly displayed through the website, of a specific product.

Rectification of Data

When the USER identifies errors in the data published on the website or in the documents generated by the contractual relationship, they may notify amg@davidmoran.net so that DAVID MORAN SA can correct them as soon as possible. The USER can keep their data updated by accessing their user account.

Contracting Procedure

The USER, in order to access the products or services offered by the PROVIDER, must be of legal age or an emancipated minor and register through the website by creating a user account. Therefore, the USER must freely and voluntarily provide the personal data required, which will be processed in accordance with the provisions of Regulation (EU) 2016/679, of April 27, 2016 (GDPR), regarding the protection of individuals with regard to the processing of personal data and the free movement of such data, and Organic Law 3/2018, of December 5 (LOPDGDD), regarding the protection of personal data, as detailed in the Legal Notice and Privacy Policy of this website. The USER will select a username and password, committing to use them diligently and not to make them available to third parties, as well as to notify the PROVIDER of their loss or theft or possible access by an unauthorized third party, so that the PROVIDER can immediately block them. Once the user account has been created, it is informed that, as required by Article 27 of Law 34/2002, on Services of the Information Society and Electronic Commerce (LSSICE), the contracting procedure will follow these steps:

  1. General contracting clauses.
  2. Shipping and delivery of orders.
  3. Right of withdrawal.
  4. Claims and online dispute resolution.
  5. Force majeure.
  6. Competence.
  7. General aspects of the offer.
  8. Price and validity period of the offer.
  9. Transportation costs.
  10. Payment methods, costs, and discounts.
  11. Purchase process.
  12. Severability and suspension or termination of the contract.
  13. Warranties and returns.
  14. Applicable law and jurisdiction.

General Contracting Clauses

Unless specifically stipulated in writing, placing an order with the PROVIDER implies the USER's acceptance of these legal conditions. No stipulation made by the USER may differ from those of the PROVIDER unless expressly accepted in advance and in writing by the PROVIDER.

Shipping and Delivery of Orders

The PROVIDER will not dispatch any order until it has verified that payment has been made. Goods will usually be shipped using EXPRESS COURIER (POSTAL EXPRESS, SEUR, UPS, STD, etc.), to the destination freely chosen by the USER. Shipment will occur once the availability of the merchandise has been confirmed and payment for the order has been verified. The delivery time will be between 2 and 6 working days, depending on the destination location and the chosen method of payment. The estimated shipping and delivery date will be provided prior to order confirmation.

Failure to Execute Distance Contract

If the contract cannot be executed because the contracted product or service is not available within the specified period, the USER will be informed of the lack of availability and will be entitled to cancel the order and receive a full refund without any cost, and without any liability on the part of the PROVIDER for damages attributable thereto. In case of unjustified delay by the PROVIDER in refunding the full amount, the USER may claim double the amount owed, without prejudice to their right to be compensated for damages suffered in excess of said amount. The PROVIDER will not assume any responsibility if the delivery of the product or service is not completed due to false, inaccurate, or incomplete data provided by the USER. Delivery will be considered complete at the moment the carrier makes the products available to the USER, and the USER or their delegate signs the delivery receipt. The PROVIDER will be responsible to the USER for any lack of conformity that exists at the time of delivery of the order, and the USER may, by simple declaration, demand rectification of such lack of conformity, a reduction in price, or the resolution of the contract. In any of these cases, the USER may also demand compensation for damages, if applicable. The USER will have the right to suspend payment of any outstanding portion of the price of the product purchased until the PROVIDER fulfills the obligations established in this contract. It is the USER's responsibility to inspect the products upon receipt and to raise any objections and claims that may be justified in the delivery receipt document. If the contract does not involve physical delivery of any product, but rather activation of a download on a website, the PROVIDER will inform the USER in advance of the procedure to follow for this download.

Right of Withdrawal

Withdrawal form: https://www.davidmoran.net/formulario-solicitud-desistimiento.pdf The USER has a period of fourteen calendar days, counted from the date of receipt of the product or from the conclusion of the sales contract if it is a provision of a service, to exercise the right of withdrawal, regulated in Article 102 of Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws, hereinafter RDL 1/2007. If the PROVIDER fails to comply with the duty of information and documentation regarding the right of withdrawal, the deadline for exercising it will end twelve months after the expiration date of the initial withdrawal period, in accordance with Article 105 of RDL 1/2007. The right of withdrawal will not apply to contracts referred to and listed in Article 103 of RDL 1/2007, which are listed here. Any return must be communicated to the PROVIDER, requesting a return number using the form provided for this purpose, or by email to amg@davidmoran.net, indicating the corresponding invoice or order number. If the return is not made with the original delivery packaging, the PROVIDER may charge the USER a cost of... €, previously informing them of this through the same communication channel used. Once the USER has received the return number, they will send the product to the PROVIDER, indicating this number in the shipping letter, with shipping costs at their expense, to the address of DAVID MORAN SA, DURANES, 6 - 29200 ANTEQUERA (MÁLAGA).

Claims and Online Dispute Resolution

Any claim that the USER deems appropriate will be addressed as soon as possible and can be made to the following contact addresses:

Postal: DAVID MORAN SA, DURANES, 6 - 29200 ANTEQUERA (MÁLAGA) Phone: 645 121 802 Email: amg@davidmoran.net

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, through the intervention of a third party, called a Dispute Resolution Body, which acts as an intermediary between both parties. This body is neutral and will dialogue with both parties 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/

Force Majeure

The parties shall not incur any liability for any failure due to force majeure. Performance of the obligation will be delayed until the cessation of the force majeure event.

Competence

The USER may not assign, transfer, or transmit the rights, responsibilities, and obligations contracted in the sale. If any provision of these conditions were to be deemed null or impossible to comply with, the validity, legality, and compliance of the rest will not be affected in any way, nor will they undergo any modification. The USER declares to have read, understood, and accepted these Conditions in their entirety.

Generalities of the Offer

All sales and deliveries made by the PROVIDER shall be subject to these Conditions. No modification, alteration, or agreement contrary to the Commercial Proposal of DAVID MORAN SA or to what is stipulated here shall have effect, except by express written agreement signed by the PROVIDER, in which case, these specific agreements shall prevail.

Generalities of the Offer

The prices indicated for each product or service include Value Added Tax (VAT) or other applicable taxes. These prices, unless expressly stated otherwise, do not include shipping or communication expenses, handling, or any other additional services related to the purchased product. The prices applicable to each product are those published on the website and will be expressed in EURO currency. The USER acknowledges that the economic valuation of some products may vary in real time. Before making the purchase, they can check online all the details of the quote: items, quantities, price, availability, shipping costs, charges, discounts, taxes, and the total purchase amount. Prices may change daily until the order is placed. Once the order is placed, prices will remain the same whether the products are available or not. Every payment made to the PROVIDER entails the issuance of an invoice in the name of the registered USER or the company name provided at the time of placing the order. This invoice will be sent in paper format along with the purchased product. The invoice can be downloaded in PDF format by accessing the website's management panel with the user's account. If the USER wishes to receive it by email, they must request it through any of the means provided by the PROVIDER, being informed that they may revoke this decision at any time. For any information regarding the order, the USER can contact the PROVIDER's customer service telephone number 645 121 802 or via email at amg@davidmoran.net.

Shipping Costs

Payment Methods, Charges, and Discounts

Checkout Process

Any product from our catalog can be added to the basket. In it, only the items, quantity, price, and total amount will be observed. Once the basket is saved, taxes, charges, and discounts will be calculated based on the payment and shipping information provided. Baskets have no administrative linkage; they are simply a section where a budget can be simulated without any commitment on both sides. From the basket, an order can be placed by following the following steps for proper formalization:

  1. Billing information verification.
  2. Shipping address verification.
  3. Payment method selection.
  4. Place the order (purchase). Once the order is processed, the system instantly sends an email to the PROVIDER's management department and another to the USER's email confirming the order.

Orders (purchase requests)

Prior to order confirmation, information on the order status and the approximate shipping and/or delivery date will be provided.

Disassociation and Suspension or Termination of Contract

If any of these terms and conditions are deemed illegal, void, or for any reason unenforceable, such 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, in whole or in part, when the USER fails to comply with the obligations established in this contract or any applicable legal provision, license, regulation, directive, code of practice, or policies. When 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.

Warranties and Returns

Applicable Law and Jurisdiction