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GENERAL CONTRACTING CONDITIONS

  

This contractual document will govern the contracting of products and services through the website www.malala-cfs.com, owned by Malalá by CFS, SL, hereinafter PROVIDER.

Acceptance of this document implies that the USER:

  • You have read, understand and understand what is stated here.
  • Is a person with sufficient capacity to hire.
  • Assumes all obligations set forth herein.

These conditions will have an indefinite period of validity and will be applicable to all contracts made through the PROVIDER website.

The PROVIDER informs that the trade is responsible and knows the current legislation of the countries to which it sends the products and reserves the right to unilaterally modify the conditions, without this may affect the goods or promotions that were acquired prior to the modification.

Identity of the contracting parties

On the one hand, the supplier of the goods or services contracted by the USER is Malalá by CFS, SL, with registered office C / SANTIAGO, 52 - BJ IZQ 38001 SANTA CRUZ DE TENERIFE (Santa Cruz De Tenerife), NIF B76605138 and with customer service phone / USER 637150309.

And on the other, the USER, registered on the website through a username and password, over which he has full responsibility for 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 born between the PROVIDER and the USER at the moment when the latter accepts during the online contracting process the box corresponding.

The contractual sales relationship entails the delivery, in exchange for a specific price and publicly exposed through the website, of a specific product or service.

Recruitment procedure

The USER, in order to access the services or products offered by PROVIDER, must 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 treated in accordance with the provisions of Regulation (EU) 2016/679 of April 27 (GDPR) and Organic Law 3 / December 5, 2018 (LOPDGDD), and detailed in the Legal Notice and Privacy Policy of this website.

The USER will select a username and password, committing to make diligent use of them and not making them available to third parties, as well as communicating to the PROVIDER the loss or theft of the same or of the possible access by an unauthorized third party, so that this one proceeds to the immediate blockade.

Once the user account has been created, it is reported that in accordance with the requirements of article 27 of Law 34/2002, on Services of the Company of Information and Electronic Commerce (LSSICE), the contracting procedure will follow the following steps:

 

  1. General contracting clauses.
  2. Shipping orders.
  3. Right of withdrawal.
  4. Claims.
  5. Force majeure.
  6. Competition.
  7. Overview of the offer.
  8. Price and period of validity of the offer.
  9. Transportation costs.
  10. Payment method, expenses and discounts.
  11. Purchase process.
  12. Applicable warranties.
  13. Warranties and returns.
  14. Applicable law and jurisdiction.

 

1. GENERAL CONTRACTING CLAUSES

Unless otherwise stipulated in writing, placing an order with the PROVIDER will imply acceptance by the USER of these legal conditions. No stipulation made by the USER may differ from those of the PROVIDER if it has not been expressly accepted in advance and in writing by the PROVIDER.

 

2. SHIPPING ORDERS

The PROVIDER will not send any order until it has verified that the payment has been made.

Freight shipments will usually be made through EXPRESS MESSENGERY (TNT and Spanish Post), according to the destination freely designated by the USER.

The dates or deadlines will be approximated, not constituting the essential default delay. In the event that the PROVIDER had not delivered the merchandise after 30 days from the agreed delivery date, the customer will be entitled to cancel the order and receive the refund of the total amount paid at no cost, and without that derives no liability for damages attributable to the PROVIDER.

The delivery time is usually between 2 and 5 working days, depending on the target population and the payment method chosen. This term is understood as long as the availability of the merchandise has been confirmed and the full payment of the order has been verified.

The PROVIDER will not assume any responsibility when the delivery of the product or service does not take place, as the data provided by the USER, false, inaccurate or incomplete.

The delivery will be considered made at the moment when the carrier has made the products available to the USER and he, or his delegate, has signed the receipt document of delivery.

It is up to the USER to verify the products upon receipt and expose all the exceptions and claims that may be justified in the delivery receipt document.

In the event that the contracting does not entail the physical delivery of any product, these being directly downloaded from the website, the PROVIDER will inform the USER beforehand about the procedure to be followed to perform this download.

 

3. RIGHT OF WITHDRAWAL

The USER has the same rights and deadlines to proceed with the return and / or claim the possible defects or defects that the product or service presents, both in online mode as offline.

The USER has a period of fourteen calendar days, counted from the date of receipt of the product, for the return of the product (Article 71 of Law 3 / March 27, 2014). Unless the return is made due to defects in the product, the shipping costs will be borne by the USER. The product must be returned in its original packaging and in perfect condition.

The right of withdrawal cannot be applied in the following cases:

  1. If the product is not presented in perfect condition.
  2. If the product packaging is not the original or these are not in perfect condition. The original packaging must protect the product in such a way that it is received in perfect condition, being prohibited the use of seals and adhesive tapes applied directly on it.
  3. When the product is open without being able to prove that it has not been used.
  4. In software applications that are directly downloaded through the portal.
  5. When they are personalized products or those, which for reasons of hygiene or other legally provided exceptions, are not susceptible to this right.

All returns must be communicated to the PROVIDER, requesting a return number (RMA) using the RMA form enabled for it, or by email to info@malala-cfs.com , indicating the invoice or order number.

Once the USER has received the RMA number, they will send the product to the PROVIDER, indicating this number in the shipping letter, with the transport costs at their expense , at the address of Malalá by CFS, SL:

  • CANARY ISLANDS: C / SANTIAGO, 52 - BJ IZQ 38001 SANTA CRUZ DE TENERIFE (SANTA CRUZ DE TENERIFE)
  • PENINSULA: CALLE LOS PINOS 3 - 18100 - ARMILLA - GRANADA - SPAIN

 

4. CLAIMS

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

Postcard: Malalá by CFS, SL, C / SANTIAGO, 52 - BJ IZQ 38001 SANTA CRUZ DE TENERIFE (Santa Cruz De Tenerife)
< span style="color: #000000;"> Phone: (+34) 922 875 231
Mail: info@malala-cfs.com

Online Dispute Resolution

According to Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for the resolution of online conflicts between the USER and the PROVIDER , without the need to resort to the courts of justice, through the intervention of a third party, called the Dispute Resolution Body, which acts as an intermediary between the two. 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/

 

5. FORCE MAJEURE

The parties will not incur responsibility for any fault due to major cause. Compliance with the obligation will be delayed until the termination of the case of force majeure.

 

6. COMPETITION

The USER may not assign, transfer or transmit the rights, responsibilities and obligations contracted in the sale.

If any stipulation of these conditions is considered null or impossible, the validity, legality and compliance of the rest will not be affected in any way, nor will they be modified in any way mode.

The USER declares to have read, to know and to accept the present General Conditions in all its extension.

 

7. OFFER OVERVIEW

All sales and deliveries made by the PROVIDER shall be deemed subject to these General Conditions.

No modification, alteration or agreement contrary to the Commercial Proposal of Malalá by CFS, S.L. or here stipulated will take effect, unless express written agreement signed by the PROVIDER, in this case, these particular agreements will prevail.

Given the continuous technical advances and product improvements, the PROVIDER reserves the right to modify its specifications regarding the information provided in its advertising, until it affects the Value of the products offered. These modifications will also be valid if, for any reason, the possibility of supply of the products offered is affected.

 

8. PRICE AND TERM OF VALIDITY OF THE OFFER

The prices indicated for each product include Value Added Tax (VAT) or other taxes that may be applicable. These prices, unless expressly stated otherwise, do not include shipping, handling, wrapping, shipping insurance or any other additional services and annexes to the product or service purchased.

The prices applicable to each product are those published on the website and will be expressed in the EURO currency. The USER assumes that the economic valuation of some of the products may vary in real time.

Before making the purchase you can check online all the details of the budget: items, quantities, price, availability, transport costs, charges, discounts, taxes and the total of the purchase. Prices may change daily while the order is not placed.

Once the order is placed, prices will be maintained whether products are available or not.

Any payment made to the PROVIDER entails the issuance of an invoice in the name of the registered USER or of the company name that he has informed at the time of placing the order. This invoice will be sent together with the product purchased to the email address provided by the USER.

For any information about the order, the USER can contact through the customer service telephone number of the PROVIDER 637150309 or via email to the address info@malala-cfs.com.

  

9. TRANSPORTATION COSTS

Prices do not include shipping or communication, installation costs, or complementary services, unless expressly agreed otherwise in writing.

Shipping costs will be calculated at the time of saving the basket or budget, since they are calculated by the weight of the products and by the delivery address.

The maximum transport rate applied is as follows:

Peninsula up to 2 Kg: .......... €
Peninsula & gt; 2 Kg up to 10 Kg: .......... €
Peninsula & gt; 10 Kg: .......... €

Outside peninsula up to 2 Kg: .......... €
Outside peninsula & gt; 2 Kg up to 10 Kg: .......... €
Outside peninsula & gt; 10 Kg: .......... €

  

10. FORMS OF PAYMENT, CHARGES AND DISCOUNTS

The PROVIDER allows the following ways to make the payment of an order:

  • Bank transfer: no discounts or charges will apply.
  • PayPal: no discounts or charges will apply.
  • Credit card: no discounts or charges will apply.

  

11. PURCHASE PROCESS

Basket (budget simulation)

Any product in our catalog can be added to the basket. In this, only the articles, quantity, price and total amount will be observed. Once the basket is stored, taxes, charges and discounts will be calculated according to the payment and shipping data entered.

The baskets have no administrative ties, it is only a section where you can simulate a budget without any commitment from both parties.

From the basket you can place an order by following the steps below for proper formalization:

  1. - Checking billing information.
  2. - Checking the shipping address.
  3. - Selection of payment method.
  4. - Place the order (buy).

Once the order is processed, the system instantly sends an email to the PROVIDER's management department.

Orders (purchase requests)

In a maximum of 24 hours, in working days, an email will be sent confirming the status of the order and the shipping date.

  

12. APPLICABLE GUARANTEES

All products offered through the website are completely original, unless otherwise indicated in their description. All have a guarantee period of two years, according to the criteria and conditions described in 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.

  

13. GUARANTEES AND RETURNS

The guarantee of the products offered will respond to the following articles based on Law 23/2003 of July 10 on Guarantees for the sale of consumer goods:

I) Compliance of the products with the contract

1. Unless proven otherwise, it will be understood that the products are in conformity with the contract provided that they meet all the requirements set forth below, unless any of them is not applicable due to the circumstances of the case:

a) Conform to the description made by Malalá by CFS, SL.
b ) Are suitable for the uses to which products of the same type are ordinarily destined.
c) Are suitable for any special use required by the customer when I have informed Malalá by CFS, SL at the time of the conclusion of the contract, provided that it has admitted that the product is suitable for this use.
d) Present the quality and performance usual of a product of the same type that the customer can fundamentally expect, given its nature and, where appropriate, descriptions of the specific characteristics of the products made by Malalá by CFS, SL.
e) Malalá by CFS, SL It describes the details, the technical characteristics and the photographs of the products provided by the manufacturer thereof, so that you are not bound by these public statements.

2. The lack of conformity resulting from an incorrect installation of the product will be equated with the lack of conformity of the product when the installation is included in the contract of sale and has been carried out by Malalá by CFS, S.L. or at your own risk, or by the USER when the faulty installation is due to an error in the installation instructions.

3. Responsibility for non-compliance that the USER knows or could not ignore at the time of the conclusion of the contract or that originate in materials supplied by the USER.

II) PROVIDER Responsibility

Malalá by CFS, S.L. will respond to the USER of any lack of conformity that exists at the time of delivery of the product. Malalá by CFS, S.L. recognizes the USER the right to repair the product, its replacement, the price reduction and the termination of the contract.

III) Repair and replacement of products
  1. If the product is not in accordance with the contract, the USER may choose to demand repair or replacement thereof, unless one of these options is impossible or disproportionate. From the moment the USER communicates to Malalá by CFS, S.L. the option chosen, both parties must comply. This decision of the USER is understood without prejudice to the provisions of article IV below for cases in which the repair or replacement fails to bring the product into conformity with the contract.
  2. Any form of sanitation imposed on Malalá by CFS, S.L. will be considered disproportionate. costs that, in comparison with the other form of sanitation, are not reasonable, taking into account the value that the product would have if there was no lack of conformity, the relevance of the lack of conformity and if the alternative form of sanitation could be carried out without major inconveniences for the USER.
IV) Rules for repair or replacement of the product

Repair and replacement will conform to the following rules:

a) They will be free for the USER. This gratuity will include the necessary expenses incurred to correct the lack of conformity of the products with the contract, especially the shipping costs, as well as the costs related to labor and materials.
b) They will be carried out within a reasonable period of time and without major inconvenience for the user, taking into account the nature of the products and the purpose they had for the USER. < br /> c) The repair suspends the calculation of the terms referred to in Article VII. The period of suspension will begin after the USER makes the product available to Malalá by CFS, S.L. and conclude with the delivery to the USER of the product already repaired. During the six months after the delivery of the repaired product, Malalá by CFS, S.L. will respond to the lack of conformity that motivated the repair. It is presumed that this is the same lack of conformity when defects of the same origin as those initially expressed are reproduced in the product.
d) Substitution suspends the terms referred to in Article VII from the exercise of the option until the delivery of the new product. In any case, the second paragraph of Article VII shall apply to the substitute product.
e) If the repair is completed and the product delivered, This is still not in accordance with the contract, the USER may require the replacement thereof, within the limits established in paragraph 2 of Article IV, or the reduction of the price or termination of the contract under the terms of Article V.
f) If the replacement fails to bring the product into conformity with the contract, the USER may require its repair, within the limits established in the Article IV (2), or the reduction of the price or termination of the contract under the terms of Articles V and VI.
g) The USER It may not require replacement in the case of non-expendable products, nor in the case of second-hand products.

V) Price reduction and contract termination

The price reduction and the termination of the contract will proceed, at the option of the USER, when the USER cannot demand the repair or replacement of the product and in the cases in which they They have not been carried out within a reasonable time or without major inconveniences for the USER. The resolution will not proceed when the lack of conformity is of little importance.

VI) 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 had it been in accordance with the contract and the value that the product actually delivered had at the time of delivery.

VII) Deadlines
  1. Malalá by CFS, S.L. Responds for any breaches of conformity that are manifested within two years of delivery. In second-hand products, Malalá by CFS, S.L. and the USER may agree on a shorter term, which may not be less than one year from delivery.
    Unless proven otherwise, it will be presumed that Nonconformities manifested in the six months after delivery already existed when the product was delivered, except when this presumption is incompatible with the nature of the product or the nature of the lack of conformity.
  2. Unless proven otherwise, delivery is understood to be made on the day that appears on the invoice or purchase label, or on the corresponding delivery note if it is later.
  3. The action to claim compliance with the provisions of the preceding articles prescribes three years after delivery of the product.
  4. The USER must inform Malalá by CFS, S.L. of the lack of conformity within two months of becoming aware of it.
    Unless proven otherwise, it will be understood that the communication of the USER it has taken place within the established deadline.
VIII) Action against the producer

When the USER finds it impossible or involves an excessive load, contact Malalá by CFS, S.L. Due to lack of conformity of the products with the contract of sale, you can claim directly from the producer in order to obtain the replacement or repair of the product.

In general, and notwithstanding that the responsibility of the producer ceases, in the same terms and conditions as those established for Malalá by CFS, SL, the producer will respond for the lack of conformity when it refers to the origin, identity or suitability of the products, in accordance with their nature and purpose and with the rules that regulate them.

It is understood by producer, the manufacturer of the product or the importer thereof in the territory of the European Union or to any person who appears as such when indicating in the product your name, brand or other distinctive sign.

Whoever answered in front of the USER, will have a period of one year to repeat responsible for the lack of conformity. This period is computed from the moment the sanitation was completed.

  

14. APPLICABLE LAW AND JURISDICTION

These conditions will be governed or interpreted in accordance with Spanish law in what is not expressly established. El PRESTADOR y el USUARIO acuerdan someter cualquier controversia que pudiera suscitarse de la prestación de los productos o servicios objeto de estas Condiciones de los juzgados y tribunales del domicilio del USUARIO.

En caso de que el USUARIO tenga su domicilio fuera de España, el PRESTADOR y el USUARIO renuncian expresamente a cualquier otro foro, sometiéndose a los Juzgados y Tribunales más cercanos a la población de SANTA CRUZ DE TENERIFE (España).