General terms and conditions of purchase and use of the website

 
I.- Purpose, objective and scope of application

These stipulations govern the purchase of products and services offered and the advertising aimed at its customers/users by MAXI-PLASTPRODUCTS, S.L., a corporation which operates over the internet from its website (www.maxiproducts.es) selling single-use articles to its customers. These General Terms and Conditions also govern the rights and obligations of the parties derived from the sales agreement entered into between the two parties.

The clauses listed below make up the framework agreement which all the users accessing the website www.maxiproducts.es must have read and accept. For the sole purpose of these general terms and conditions, the expression “user” comprises any internet user who accesses the website www.maxiproducts.es, whether directly or from any other internet site.

The services offered by MAXI-PLASTPRODUCTS, S.L. on this website will be governed by the conditions contained in this agreement. MAXI-PLASTPRODUCTS, S.L. reserves the right to modify, in full or in part, these general terms and conditions, any new ones agreed on being applicable from their publication on the website. In any case, the aforementioned modifications will not be retroactive on goods or services already purchased or contracted by the users.

These General Terms and Conditions bind both parties and form an integral and inseparable part of the purchasing contract whose effectiveness becomes valid when the customer places the order, through the purchasing mechanisms which will subsequently be specified, all of which is in accordance with the provisions set forth in Article 1,255 of the Civil Code which details the principle of free will and agreements between the parties to the contract. To all effects it will be understood that the user accepts the conditions and rules of use listed herein upon clicking on "Accept".

In order to guarantee in their entirety the rights of the consumers and users of MAXI-PLASTPRODUCTS, S.L., these General Terms and Conditions are established in accordance with the provisions set forth in Spanish law, and in particular in Law 7/98 of 13 April on General Terms and Conditions of Contract, Law 7/96 of 15 January on Retail Commerce Regulations, Civil Code, Directive 2000/31 EC of the European Parliament and of the Council of 8 June, Law 34/2002 of 11 July on company services, information and commerce, Legislative Royal Decree 1/2007, of 16 November, which approves the Amended Text of the General Law for the defence of Consumers and Users and other applicable laws and their regulations in development.

II.- Identification and business name of the offeror company

MAXI-PLASTPRODUCTS, S. L., with business address at Avd. del juguete, 39 03440 Ibi (Alicante) Spain , Registered in the Companies Register of Alicante, volume 2787, folio 148 , page A-83991 , Registration 1, B-53866687, renders its electronic commerce services via the internet on its website www.maxiproducts.es. Its email address is info@maxiproducts.es. Its contact telephone number is 96 556 48 71.

Its address for the purpose of complaints will be the same as that stated as the business address of the company.

III.- Legal terms and conditions of service rendering and liability

CLARITY AND TRANSPARENCY IN INFORMATION

MAXI-PLASTPRODUCTS S. L., in compliance with the provisions set forth in Article 10 of Law 34/2002 of 11 July, through its website and these General Terms and Conditions, enables permanent, easy, direct and free access by electronic means to the business’ comprehensive information (tax, registration, business address and communication address details), as well as customer details, exclusively accessible to it, which are held by the company.

In accordance with the aforementioned Legislative Royal Decree 1/2007, it offers the customer both the pre-contractual information (see these General Terms and Conditions as well as the additional information in the different website sections) as well as the confirmation of legally required information.

IV.- Conditions of user/customer access

Users of the MAXI-PLASTPRODUCTS, S. L. website will have free access to the public information contained therein, although MAXI-PLASTPRODUCTS, S. L. reserves the right to restrict access to information, promotions and special offers to its registered customers.

The public information contained on the website of MAXI-PLASTPRODUCTS, S. L. referring both to the company MAXI-PLASTPRODUCTS, S. L. and the brands, products, logos, etc., are protected by the legal provisions on intellectual and industry property. Therefore, any copy, transmission, transfer , disposal or use by the customer/user not in keeping with the advertising purpose of their virtual publication which does not have the express consent of MAXI-PLASTPRODUCTS, S. L., under the terms provided for in the section on Rights of Intellectual and Industrial Property, is not authorised.

USER REGISTRATION

The customer/user must register their personal details and circumstances in order to formalise the purchase agreement (name and surname or business name, National Identification Document/Tax Identification Document, postal address, email address, telephone/fax number) prior to placing an order to purchase of any of the products offered by MAXI-PLASTPRODUCTS, S. L. The user may only enter into purchase agreements and place orders if they are of legal age. If this is not the case, the responsibility for placing orders by minors will lie with their parents or legal guardians.

In order to be able to place orders on the website, every customer should voluntarily and under its own responsibility provide MAXI-PLASTPRODUCTS, S.L. with its personal details. Any the personal details provided by customers fraudulently or falsely may be considered as an offence of falsification of commercial documents.

MAXI-PLASTPRODUCTS, S. L. may offer the customer a personal registration system by means of a personalised user name and password in order to facilitate the customer’s future purchase operations. MAXI-PLASTPRODUCTS, S. L., if the customer so wishes, can generate the user name and password for the customer by means of an automatic process. User names or passwords with immoral, offensive, degrading, discriminatory content or which contravene the provisions set forth in law are not permitted, nor are those with terms which refer to brands, products or names protected by legal provisions on Intellectual and Industrial Property or are against the rights of privacy, honour and personal images.

The customer undertakes to ensure the confidentiality of its own user name and password. MAXI-PLASTPRODUCTS, S. L. will not be held liable for any responsibility derived from the incorrect use or negligence by the customer in compliance of their obligation to keep their login details confidential.

V.- Offer and acceptance process.

PRODUCT PURCHASE AND DELIVERY CONDITIONS

Price policy:

MAXI-PLASTPRODUCTS, S. L. unilaterally reserves the right to modify the price of its products and services offered on its website at any time. To guarantee the customer the certainty and assurance of the price of its products, the valid price will be that advertised at the time of placing the order.

Information on the product offered to the customer:

This includes the technical characteristics, description, photography for indicative purposes (where applicable). The product purchased may undergo, due to the manufacturer’s availability, unsubstantial modifications to the components, characteristics or features of the batch, provided that they do not cause detriment to the qualities and features advertised.

Information on the product price:

Information on the final price or retail sale price of the product to be purchased, containing in the same order the final cost to the customer and including VAT. The customer will, therefore, be informed of the final cost in the electronic purchasing process before they formalise their acceptance by choosing the “acceptance of order” option on the options menu.

Any possible discounts or promotional gifts will be freely targeted at the designated groups at any time by MAXI-PLASTPRODUCTS, S. L., or depending on the product offered, according to the existing advertising on its website at any time.

Acceptance of the order:

Upon placing the order, once the order acceptance menu has been used, it is understood that the customer has given their consent to the validity and effectiveness of the purchase agreement which binds the parties. MAXI-PLASTPRODUCTS, S. L. will electronically store the order, except in the case of a reasonable typing error, in which case it will not be able to be processed.

MAXI-PLASTPRODUCTS, S.L. will inform the customer after the acceptance of the order by sending confirmation of the order and also the current general terms and conditions of MAXI-PLASTPRODUCTS, S.L to the email address provided by them.

The sale and delivery commitment entered into by MAXI-PLASTPRODUCTS, S.L. regarding the goods offered is subject to the stock of the advertised product and its availability until stocks end, therefore MAXI-PLASTPRODUCTS, S.L., in its commitment to quality and customer service, attempts to ensure that the products advertised are available at all times. However, in the event of exceptional circumstances such as interactive multi-ordering or any others which lead to the product no longer being stocked, the order and the agreement entered into between the parties will be void pursuant to this cancellation clause, with the company refunding the full amount of any prepayment made by the customer.

Payment methods by the customer:

The payment method that the user and the company MAXI-PLASTPRODUCTS establish is set out.

Invoicing:

MAXI-PLASTPRODUCTS, S.L. will issue the paper invoice which it will send together with the order to the address stated by the customer. MAXI-PLASTPRODUCTS, S.L. informs that it cannot modify sales invoices after billing, in compliance with the current regulations. (Royal Decree 1496/2003 on Invoicing regulations, modified by Royal Decree 87/2005). The invoice is issued to the individual or company who placed the order, therefore the customer should ensure that the order is placed under the correct name. Subsequent changes will not be admitted.

MAXI-PLASTPRODUCTS, S.L. informs that, due to reasons concerning personal data protection, invoice duplicates will only be issued to the person named in the contract. Duplicates will not be issued to third parties. MAXI-PLASTPRODUCTS, S.L. will not send invoice duplicates by fax or email; it will only send duplicates to the address provided by the person named in the contract.

Place and method of delivery:

The order will be delivered to the address provided when the customer places the order. The subsequent modification of the delivery address requested by the customer will only be possible before the order leaves our warehouses and will incur additional costs on the sales price which will be borne by the buyer. Modification to the delivery address once the order has been given to the haulage firm will not be possible except in the event that the customer bears the costs and the parties expressly agree to this. The goods will be delivered to the customer by a haulage firm, together with the delivery note stating the details identifying the customer, the order, the total payment amount (only for orders in which the payment method is payment on delivery) and the number of packages of which the delivery is comprised.

The goods are covered by insurance against transportation risks, loss and handling at all times during transportation.

IMPORTANT: Ensure that the package received is in good condition externally. If this is not the case, note this down on the courier’s delivery note, carry out the delivery again and notify MAXI PRODUCTS in writing within 24 hours. In cases of damage to the product or non-conformity due to transportation (which are not evident at the time of delivery), Maxi Products should be notified of this within 7 days of receipt by emailing info@maxiproducts.es

VI.- Obligations of the user/customer.

To maintain login details with due diligence.

To use the information published by MAXI-PLASTPRODUCTS, S. L. exclusively by the customer strictly within the intended personal commercial relationship.

To not reproduce, transfer or dispose any of the information published by MAXI-PLASTPRODUCTS, S. L. without the express permission of the company itself.

To faithfully use the purchasing service provided by MAXI-PLASTPRODUCTS, S. L. on its website, abstaining from handling the content of its website, or interfering with its IT resources through the use of viruses or other practices prohibited by law.

To respect the purchase agreement once the order has been accepted, with the pertinent payment of the price agreed on.

VII.- Rights of Maxi-Plastproducts, S. L.

To maintain, modify or take down its website without prior warning.

To modify the price of offers.

To reject orders due to lack of stock or default by the customer.

To deny customers’ access to IT tools in the event of a breach of these conditions.

To receive payment for the purchases made by the customer once they have accepted the transaction.

To reserve the domain and maintain full ownership of the article until full payment by the customer.

To reserve the right to carry out draws of goods or services on its website.

VIII.- Intellectual and industrial property rights.

The rights related to industrial and intellectual property (including but not restricted to: brands, logos, texts, photographs, icons, images, etc., as well as graphic design, source code and other software elements contained on the website “www.maxiproducts.es”) are the property of MAXI-PLASTPRODUCTS,S.L. or the wholesalers or manufacturers of the products and services offered. Therefore, they are subject to intellectual and industrial property rights and are protected by Spanish and international legislation.

Using, copying, distributing, reproducing, transferring, handling, as well any use which exceeds the normal and necessary use for visiting the website and the use of the services provided, is not permitted without the credible prior written authorisation of MAXI-PLASTPRODUCTS, S.L., or, if applicable, the wholesaler or manufacturer of the product who holds the rights.

Access to the services supplied does not imply the waiver, transfer or assignment, in full or in part, of the rights derived from intellectual and industrial property, by MAXI-PLASTPRODUCTS, S.L. Nor does it attribute rights of use, alteration, exploitation, reproduction, distribution or public communication about this content without the prior and express authorisation in writing of the respective holders of said rights, notwithstanding the right to see and obtain a private safety copy of said content, provided that said right is exercised in accordance with the principles of good faith and provided that the intellectual and industrial property of the holder of said rights is unaltered, is not used for commercial purposes but exclusively for the personal information of the user.

The responsibility derived from the use of materials protected by intellectual and industrial property rights of third parties illegally contained on this website or which infringes morality, honour or privacy, will correspond exclusively to the user, releasing MAXI-PLASTPRODUCTS, S.L in any case from any liability derived from said conduct.

IX.- Exoneration of liability.

MAXI-PLASTPRODUCTS, S.L. will not be liable for any interruptions to the electrical or telecommunication services which prevent the users from using the services offered.

X.- Personal data protection.

INFORMATION

The information received by MAXI-PLASTPRODUCTS, S.L. through its website will be handled with the greatest confidentiality. MAXI-PLASTPRODUCTS, S.L. will always observe the current stipulations on data protection, in particular, Organic Law 15/1999, of 13 December, on Personal Data protection, and will adopt the necessary measures to, in relation to said data, avoid its unauthorised alteration, loss, handling and access, and ensure that its employees observe said provisions, as well as professional secrecy on the data subject to protection and other current obligations of confidentiality. Furthermore, it undertakes not to use the personal data of the website users for purposes different to the objective of the contracting of services it renders.

In accordance with the current legislation, MAXI-PLASTPRODUCTS, S.L. collects personal data from its customers and includes it in a file of which it is the holder and whose handling is exclusively aimed at managing the orders requested from the company and replying to any queries that the users may submit. The user should provide the personal details and circumstances necessary to be registered as a customer of the company and to formalise purchase agreements (name and surname or business name, National Identification Document/Tax Identification Number, address, email address, telephone/fax number). Registration of these details is compulsory; failure to fill them in by the user or the provision of incorrect details will prevent MAXI-PLASTPRODUCTS, S.L. from correctly managing the orders placed.

MAXI-PLASTPRODUCTS, S.L. may request additional personal details for statistical purposes which enable it to find out about the users’ profiles. The user may omit any detail or personal circumstance which is not absolutely necessary for his/her registration as a customer or for the formalising of purchases. MAXI-PLASTPRODUCTS, S.L. may use third party advertising companies to place adverts on its website. Said companies may use cookies or other instruments to measure the effectiveness of their advertisement.

The details may be used by MAXI-PLASTPRODUCTS, S.L. in order to send the user information about offers and advertising information to the email or personal address provided, to which the customer expressly consents. However, the customer may opt out at any time from receiving this information by emailing atencionalcliente@maxiproducts.es to this regard.

Furthermore, the customer expressly consents to MAXI-PLASTPRODUCTS, S.L. passing on these details to companies or Banks for the management of the transportation and payment of the order. MAXI-PLASTPRODUCTS, S.L. may also carry out other communication of details provided for in law.

RIGHTS OF ACCESS, RECTIFICATION, CANCELLATION AND OPPOSITION

MAXI-PLASTPRODUCTS,S.L., the entity receiving the details collected on this website, undertakes to respect and enable the concerned parties to exercise the rights recognised by law and, in particular, the rights of access to data, rectification, cancellation of data and opposition, if relevant. These rights may be exercised by the user or, if applicable, by whomever represents him/her, by written and signed request, sent to the following address: Avd. del juguete, 39 03440 Ibi (Alicante) Spain.

SECURITY IN THE HANDLING, ELECTRONIC PROCESSING AND SAFE-KEEPING OF DATA

MAXI-PLASTPRODUCTS, S.L. declares and guarantees that it maintains the security levels for the protection of personal data as provided for by the current legislation, and has established all the technical means within its reach to avoid the loss, misuse, alteration, unauthorised access and theft of the details provided by the users. All the foregoing is notwithstanding the fact, which the user expressly accepts, that security measures on the internet are not impregnable.

Cookies are small units of information necessary to be able to identify yourself as a user during your online visit to our website. We can thus make shopping easier for you. The “shopping basket” function and “memory function”, for example, are processed through cookies. Your browser memorises cookies on the hard drive only during the current session, furthermore, they only need minimal memory space and do not damage your computer. Cookies do not contain any kind of specific personal information. The majority of cookies used by us are deleted from your hard drive when the browser session ends (so-called session cookies). Other cookies remain on your computer and enable us to recognise you on your next visit (so-called permanent cookies).

The majority of browsers accept cookies as standard and, independently of them, allow or prevent temporary or memorised cookies in the security settings. When you deactivate cookies, you will not dispose of certain applications on the MAXI-PLASTPRODUCTS, S.L. website and some pages on the site may not be visualised correctly.

MAXI-PLASTPRODUCTS, S.L. will not link the data memorised with your personal details (name, address, etc.) to the cookies by activating them without your express consent. In order to be able to use our shopping basket, cookies must be enabled [temporary/permanent].

Activation of cookies:

Microsoft Internet Explorer: "Extras" --> "Internet Options" --> "Data protection" --> "Settings / extended..." --> "Cookies / accept"

Netscape browser: "Process" --> "Settings" --> "Expand" --> "Cookies (accept all cookies)"

Opera: "File" --> "Settings" --> "Private sphere" --> "Accept all cookies without consultation”

Mozilla Firefox: "extras" --> "settings" --> "data protection" --> "cookies" --> "OK"




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