GENERAL INFORMATION The ownership of this website, https://elpalomeque.com/, (hereinafter the Website) is held by: MANUEL ORTIZ LAZARO, (hereinafter the Provider) with NIF 53572795E and registered in the General Tourism Registry of the Junta de Extremadura; and its registration details are TR-BA-00209 and whose contact details are: C/ LUIS NAVARRO SÁNCHEZ, 39, SANCTI-SPÍRITUS, (BADAJOZ), contacto@elpalomeque.com. This document (as well as any other documents mentioned herein) regulates the conditions governing the use of this Website (https://elpalomeque.com/) and the purchase or acquisition of products and/or services on it (hereinafter, Conditions). For the purposes of these Conditions, the activity that the Provider carries out through the Website includes: In addition to reading these Conditions, before accessing, browsing and/or using this website, the User must have read the Legal Notice and the General Conditions of Use, including the cookie policy and the privacy and data protection policy of the Provider. By using this Website or by making and/or requesting the purchase of a product and/or service through it, the User agrees to be bound by these Terms and Conditions and by all of the above. Therefore, if you do not agree with all of the above, you should not use this Website. Furthermore, please note that these Terms and Conditions may be modified. The User is responsible for consulting them each time they access, browse, and/or use the Website, as those in effect at the time of requesting the purchase of products and/or services will apply. For any questions the User may have regarding the Terms and Conditions, they can contact the owner using the contact information provided above or, if applicable, using the contact form.
THE USER Accessing, browsing, and using the Website confers the status of user (hereinafter referred to individually as User or collectively as Users), and therefore, from the moment browsing begins on the Website, all the Conditions established herein are accepted, as well as any subsequent modifications, without prejudice to the application of the corresponding mandatory legal regulations as applicable. The User assumes responsibility for the correct use of the Website. This responsibility extends to: Using this Website only to make legally valid inquiries and purchases or acquisitions. Not making any false or fraudulent purchases. If it could reasonably be considered that a purchase of this nature has been made, it could be cancelled and the relevant authorities would be informed. Provide truthful and lawful contact information, for example, email address, postal address and/or other information (see Legal Notice and General Terms of Use). The User declares to be over 18 years of age and to have the legal capacity to enter into contracts through this Website. The Website is primarily intended for Users residing in Spain. The Provider does not guarantee that this Website complies, either wholly or partially, with the laws of other countries. MANUEL ORTIZ LAZARO declines all responsibility that may arise from such access, and does not guarantee shipments or provision of services outside of Spain. The User may, at their option, formalize with the Provider the purchase agreement for the desired products and/or services in any of the languages in which these Terms are available on this Website.
PURCHASE OR ACQUISITION PROCESS Properly registered Users can purchase on the Website using the established methods and forms. They must follow the Provider's online purchase and/or acquisition procedure, during which various products and/or services can be selected and added to the shopping cart, basket, or final purchase area, and finally, click on: "Book Now." Likewise, the User must fill in and/or verify the information requested at each step, although, during the purchase process, before making the payment, the purchase details can be modified. Subsequently, the User will receive an email confirming that the Provider has received their order or purchase and/or service request, that is, the order confirmation. And, if applicable, they will also be informed by email when their purchase is being shipped. In this case, this information may also be made available to the User through their personal account on the Website. Once the purchase process is complete, the User consents to the Website generating an electronic invoice, which will be sent to the User via email and, if applicable, through their personal account on the Website. Likewise, the User may, if desired, obtain a paper copy of their invoice by requesting it from MANUEL ORTIZ LAZARO using the Website's contact sections or through the contact details provided above. The User acknowledges being aware, at the time of purchase, of certain specific sales conditions concerning the product and/or service in question, which are displayed alongside its presentation or, where applicable, image on its Website page, indicating, by way of example but not exhaustive, and depending on each case: name, price, components, weight, quantity, color, product details, or characteristics, how they will be carried out and/or cost of the services; and acknowledges that placing a purchase order constitutes full and complete acceptance of the specific terms and conditions of sale applicable to each case. Unless expressly stated otherwise, the Provider is not the manufacturer of the products sold or that may be sold on the Website. While the Provider makes every effort to ensure that the information displayed on the Website is correct, occasionally the packaging and/or materials and/or components of the products may contain additional or different information than that shown on the Website. Therefore, the User must consider not only the information provided by the Website, but also the information available on the labeling, warnings and/or instructions accompanying the product. Communications, purchase orders and payments involved during transactions carried out on the Website may be archived and stored in the computerized records of MANUEL ORTIZ LAZARO in order to constitute proof of the transactions, in all cases respecting reasonable security conditions and the applicable laws and regulations, and particularly taking into account the LOPD and the rights that Users have under the privacy policy of this Website (Legal Notice and General Terms of Use).
AVAILABILITY All purchase orders received by the Provider through the Website are subject to the availability of the products and/or to the absence of any circumstance or force majeure event (clause nine of these Terms) affecting their supply and/or the provision of the services. If difficulties arise regarding the supply of products or if products are out of stock, the Provider undertakes to contact the User and refund any amount that may have been paid. This will also apply in cases where the provision of a service becomes impossible.
PRICES AND PAYMENT The prices displayed on the Website are final, in Euros (€) and include taxes, unless otherwise required by law, particularly regarding VAT. Under no circumstances will the Website automatically add additional costs to the price of a product or service, but only those that the User has voluntarily and freely selected. Prices may change at any time, but any changes will not affect orders or purchases for which the User has already received an order confirmation. Accepted payment methods are:Credit or debit card, and bank transfer. Credit cards are subject to verification and authorization by the issuing bank. If the bank does not authorize the payment, the Provider will not be responsible for any delay or Failure to deliver will prevent the provider from entering into any contract with the user. Once the provider receives the purchase order from the user through the website, a pre-authorization will be made on the corresponding card to ensure that there are sufficient funds to complete the transaction. The card will be charged when the shipping confirmation and/or confirmation of the service provided is sent to the User in the manner and, where applicable, at the location established. In any case, by clicking on https://elpalomeque.com/, the User confirms that the payment method used is theirs or that, where applicable, they are the legitimate holder of the gift card or credit card. Purchase orders in which the User selects bank transfer as the payment method will be reserved for 5 calendar days from the order confirmation to allow sufficient time for the bank transfer to be processed by the payment system used by MANUEL ORTIZ LAZARO for the Website. When the system receives the transfer, the order will be prepared and processed for shipment. With this payment method, the User must ensure that they correctly enter the exact amount of the purchase order, as well as the account number and transfer reference. In case of error, the Provider will not be able to validate the order, which will be canceled.
SHIPPING AND DELIVERY In cases where physical delivery of the purchased goods is required, deliveries will be made within the following territory: Spain (Peninsula and Balearic Islands). Except in cases of unforeseen or extraordinary circumstances or, where applicable, those arising from product customization, the purchase order consisting of the products listed in each purchase confirmation will be delivered within the timeframe indicated on the Website according to the shipping method selected by the User and, in any case, within a maximum period of 30 calendar days from the date of order confirmation. Orders will be delivered by the courier company…. If, for any reason attributable to the Provider, the delivery date cannot be met, the Provider will contact the User to inform them of this circumstance, and the User may choose to proceed with the purchase by establishing a new delivery date. delivery date or cancel the order with a full refund of the price paid. In any case, home deliveries are made on business days. If it is impossible to deliver the order due to the User's absence, the order may be returned to the warehouse. However, the carrier will leave a notice explaining where the order is and how to arrange for redelivery. If the User will not be at the delivery address during the agreed time slot, they must contact the Provider to arrange delivery on another day. If 30 days pass from the date the order is available for delivery, and it has not been delivered for reasons not attributable to the Provider, MANUEL ORTIZ LAZARO will consider that the User wishes to withdraw from the contract, and it will be considered terminated. As a consequence of the termination of the contract, all payments received from the User will be refunded, except for any additional costs resulting from the User's choice of a delivery method other than the least expensive standard delivery option offered by the Website, without undue delay and, in any event, within a maximum of 14 days from the date on which the contract is considered terminated. However, the User should be aware that the return shipping resulting from the termination may incur an additional cost that may be charged to them. For the purposes of these Terms and Conditions, delivery shall be deemed to have taken place or the order to have been delivered when the User or a third party designated by the User takes physical possession of the products, which will be evidenced by a signature upon receipt of the order at the agreed delivery address. The User shall bear any risks associated with the products. From the moment of delivery. The User acquires ownership of the products when the Provider receives full payment of all amounts due in relation to the purchase or acquisition, including shipping costs, or at the time of delivery, if this takes place after the full amount paid by bank transfer has been received. In accordance with the provisions of Law 37/1992, of December 28, on Value Added Tax (VAT), purchase orders for delivery and/or provision will be considered to be located within the Spanish VAT territory if the delivery address is in Spanish territory, excluding the Canary Islands, Ceuta, and Melilla. The applicable VAT rate will be the legally established rate in force at any given time, depending on the specific item in question.
TECHNICAL MEANS TO CORRECT ERRORS The User is informed that if they detect that an error has occurred when entering data necessary to process their purchase request on the Website, they may modify the same by contacting the Provider through the contact spaces enabled on the Website, and, where appropriate, through those enabled to contact the customer service, and/or using the contact data provided in clause one (General Information). Likewise, this information could also be corrected by the User through their personal account on the Website. In any case, before clicking on https://elpalomeque.com/, the User has access to the shopping cart where their purchase requests are recorded and can make modifications. Similarly, the User is referred to the Legal Notice and General Terms of Use to obtain more information on how to exercise their right to rectification as established in Organic Law 15/1999, of December 13, on the Protection of Personal Data.
RETURNS In cases where the User purchases products on or through the Owner's Website, they have a series of rights, as listed and described below: Right of Withdrawal As a consumer, the User makes a purchase on the Website and, therefore, has the right to withdraw from said purchase within 14 calendar days without needing to provide a reason. This withdrawal period will expire 14 calendar days from the day on which the User or a third party authorized by the User, other than the carrier, acquired physical possession of the goods purchased on the MANUEL ORTIZ LAZARO Website, or, if the goods comprising the order are delivered separately, 14 calendar days from the day on which the User or a third party authorized by the User, other than the carrier, acquired physical possession of the last of those goods. that made up the same purchase order. To exercise this right of withdrawal, the User must notify the Provider of their decision. They may do so, where applicable, through the contact spaces enabled on the Website or through: The User, regardless of the means they choose to communicate their decision, must express clearly and unequivocally that it is their intention to withdraw from the purchase contract. In any case, the User may use the model withdrawal form that the Provider makes available as an annex to these Terms and Conditions; however, its use is not mandatory. To meet the withdrawal deadline, it is sufficient that the communication unequivocally expressing the decision to withdraw is sent before the corresponding deadline expires. In the event of withdrawal, the Provider will reimburse the User for all payments received, including shipping costs (with the exception of any additional costs incurred by the User for choosing a shipping method other than the least expensive option offered on the Website), without undue delay and, in any event, no later than 14 calendar days from the date on which the Provider is informed of the User's decision to withdraw. MANUEL ORTIZ LAZARO will reimburse the User using the same payment method as This was used to make the initial purchase transaction. This refund will not generate any additional costs for the User. However, the Provider may withhold said refund until the products or items of the purchase have been received, or until the User presents proof of their return, whichever occurs first. The User may return or send the products to the Provider at: And must do so without undue delay and, in any event, no later than 14 calendar days from the date on which the Provider was informed of the decision to withdraw. The User acknowledges that they will have to bear the direct cost of returning the goods (shipping, delivery), if any. Furthermore, the user will be liable for any diminished value of the products resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods. The user acknowledges that there are exceptions to the right of withdrawal, as set out in Article 103 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. By way of example, and not as an exhaustive list, this would be the case for: personalized products; products that may deteriorate or expire rapidly; CDs/DVDs of music or video without their original factory seal; Products that, for hygiene or health reasons, are sealed and have been unsealed after delivery. The provision of any service that the User may contract on this Website is governed in the same way, as this same Law establishes that the Right of Withdrawal will not apply to Users when the service has been fully performed, or when it has begun, with the express consent of the consumer and user and with their acknowledgment that they are aware that, once the contract has been fully performed by MANUEL ORTIZ LAZARO, they will have lost their right of withdrawal. In any case, no refund will be issued if the product has been used beyond simply opening it, if the products are not in the same condition as when they were delivered, or if they have suffered any damage after delivery. Likewise, products must be returned using or including all their original packaging. the instructions and other documents that may accompany them, in addition
DISCLAIMER OF LIABILITY Unless otherwise provided by law, the Provider shall not accept any liability for the following losses, regardless of their origin: Any losses not attributable to any breach on its part. Business losses (including loss of profits, revenue, contracts, anticipated savings, data, goodwill, or unnecessary expenses incurred). Any other indirect loss that was not reasonably foreseeable by both parties at the time the contract for the sale of the products was entered into between them. Likewise, MANUEL ORTIZ LAZARO also limits its liability in the following cases: The Provider takes all necessary measures to provide an accurate representation of the product on the Website; however, it is not responsible for minor differences or inaccuracies that The Provider will act with the utmost diligence to make the product available to the company responsible for its transport. However, it is not liable for damages arising from transport malfunctions, especially due to causes such as strikes, road closures, and generally any other issues inherent to the sector, that result in delays, losses, or theft of the product. Technical failures that, due to unforeseen or other causes, prevent the normal operation of the service via the internet. Lack of availability of the Website due to maintenance or other reasons that prevent access to the service. The Provider will use all means at its disposal to carry out the purchase, payment, and shipping/delivery process of the products; however, it is exempt from liability for causes beyond its control, acts of God, or force majeure. MANUEL ORTIZ LAZARO will not be responsible for the misuse and/or wear and tear of the products that have been used by the User. Likewise, the Provider will not be responsible for an erroneous return made by the User. It is the User's responsibility to return the correct product. In general, the Provider will not be liable for any failure or delay in the performance of any of its obligations when such failure or delay is due to events beyond its reasonable control, i.e., due to force majeure, which may include, but is not limited to: Strikes, lockouts, or other industrial action. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (declared or not) or threat or preparation for war. Fire, explosion, storm, flood, earthquake, subsidence, epidemic, or any other natural disaster. Impossibility of the use of railways, shipping, aircraft, motor transport, or other means of public or private transportation. Impossibility of using public or private systems of Telecommunications. Acts, decrees, legislation, regulations, or restrictions of any government or public authority. In this way, the obligations will be suspended during the period in which the force majeure event continues, and MANUEL ORTIZ LAZARO will have an extension of time to fulfill them for a period of time equal to the duration of the force majeure event. The Provider will use all reasonable means to find a solution that allows us to fulfill our obligations despite the force majeure event.
WRITTEN COMMUNICATIONS AND NOTIFICATIONS By using this Website, the User agrees that most communications with the Provider will be electronic (email or notices posted on the Website). For contractual purposes, the User consents to the use of this electronic means of communication and acknowledges that all contracts, notices, information, and other communications that the Provider sends electronically comply with the legal requirement of being in writing. This condition will not affect the User's statutory rights. The User may send notifications and/or communicate with MANUEL ORTIZ LAZARO using the contact information provided in these Terms and Conditions and, where applicable, through the Website's contact sections. Similarly, unless otherwise stipulated, the Provider may contact and/or notify the User at their email address or postal address provided.
WAIVER No waiver by MANUEL ORTIZ LAZARO of any specific right or legal action, or failure by the Provider to require strict performance by the User of any of its obligations, shall constitute a waiver of any other rights or actions arising from a contract or these Terms and Conditions, nor shall it release the User from the performance of its obligations. No waiver by the Provider of any of these Terms and Conditions or of any rights or actions arising from a contract shall be effective unless it is expressly stated to be a waiver and is formalized and communicated to the User in writing.
NULLITY If any of these Conditions are declared null and void by a final decision issued by a competent authority, the remaining clauses will remain in force, without being affected by said declaration of nullity.
ENTIRE AGREEMENT These Terms and Conditions and any document expressly referred to herein constitute the entire agreement between the User and the Provider relating to the subject matter of the purchase and sale and supersede any prior agreement, understanding, or promise, whether oral or written, between the same parties. The User and MANUEL ORTIZ LAZARO acknowledge that they have entered into this contract without relying on any representation or promise made by the other party, except as expressly stated in these Terms and Conditions.
DATA PROTECTION The personal information or data that the User provides to the Provider during a transaction on the Website will be processed in accordance with the data protection policies (Legal Notice and General Terms of Use). By accessing, browsing, and/or using the Website, the User consents to the processing of such information and data and declares that all the information or data provided is truthful.
APPLICABLE LAW AND JURISDICTION Access, browsing and/or use of this Website and contracts for the purchase of products through it shall be governed by Spanish law. Any controversy, problem or disagreement arising from or related to access, browsing and/or use of the Website, or to the interpretation and execution of these Terms and Conditions, or to sales contracts between the Provider and the User, shall be subject to the non-exclusive jurisdiction of the Spanish courts.
COMPLAINTS AND CLAIMS The User may send MANUEL ORTIZ LAZARO their complaints, claims, or any other comments they wish to make through the contact information provided at the beginning of these Terms and Conditions (General Information). In addition, the Provider has official complaint forms available to consumers and users, which they may request from the Provider at any time, using the contact information provided at the beginning of these Terms and Conditions (General Information). Likewise, if a dispute arises from the conclusion of this purchase agreement between the Provider and the User, the User, as a consumer, may request an out-of-court dispute resolution, in accordance with EU Regulation No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes. You can access this method through the website: http://ec.europa.eu/consumers/odr/.
